Howard County v. jjM, Inc.

SMITH, Judge.

At issue in this case is the validity of a Howard County statute requiring developers- to “reserve within a proposed subdivision such part(s) of the right-of-way for a new state road designated on the general plan and included in the state’s twenty-year highway needs inventory which is located within the subdivision.” We perceive the central issue here to be whether the proposed subdivision reasonably generates the need for the highway in question. No evidence of such need has been presented. Therefore, we agree with the circuit court that when the statute is read as a whole it…