Rockville Fuel & Feed Co. v. Board of Appeals

At issue here is whether the Board of Appeals of the City of Gaithersburg properly and legally denied the ap plication of Rockville Fuel and Feed Company, Inc. for a special exception to construct and operate a ready-mix concrete plant in a heavy industrial zone in Gaithersburg. The Board read the Gaithersburg zoning ordinance to require it, before a special exception could be granted, first to find from the evidence that the proposed facility would “promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare.” It could not make…