Opinion
[No. 42, September Term, 1962.]
Decided October 22, 1962.
ZONING — Order Of Circuit Court Denying Petition For Rezoning Held Affirmed. p. 531
H.C.
Decided October 22, 1962.
Appeal from the Circuit Court for Prince George's County (DIGGES, J.).
Petition by Samuel J. De Blasis, and others, against the Vestry of Addison Parish Diocese of Washington, Inc., and others, for a zoning reclassification. From an order of the Circuit Court for Prince George's County reversing the order of the Board of County Commissioners, sitting as the District Council, which had granted the petition for rezoning, the petitioners appealed.
Order affirmed.
The cause was argued before BRUNE, C.J., and HENDERSON, PRESCOTT, MARBURY and SYBERT, JJ.
Samuel J. De Blasis, with whom were De Blasis Kahler on the brief, for appellants. William H. McCullough, with whom were McCullough Pace on the brief, for appellees.
For the reasons set forth in the opinion of Judge Digges in the court below, in which he found no evidence of mistake in the original comprehensive zoning plan, nor that the character of the neighborhood had changed to such an extent that reclassification ought properly to be made (in which conclusions, after a careful review of the record before us, we concur, under the authority of Didlake v. Poteet, 228 Md. 588, 180 A.2d 828, and Baltimore v. N.A.A.C.P., 221 Md. 329, 157 A.2d 433), the order of the Circuit Court for Prince George's County reversing the order of the Board of County Commissioners, sitting as the District Council, which had granted the petition for rezoning, must be affirmed.
Order affirmed, with costs.