Montgomery County Board of Appeals v. Walker

In this appeal we are asked to decide whether the Circuit Court for Montgomery County erred in ordering a member of the Zoning Board of that county to participate and vote on a rezoning application before the Board with respect to which that member sought to disqualify himself because of certain personal and financial interests. The appeal also questions that part of the order which would require the concurring vote of at least three members of the five member Board in order effectually to grant or deny the application, because, in the court’s opinion, a 2-2 vote of the other members of the…