Boyds Civic Ass'n v. Montgomery County Council

ALPERT, Judge.

The single issue in this appeal, from a refusal of declaratory judgment, is whether there was a justiciable controversy pending before the trial court. Necessary to that determination is the decision whether the adoption of a master plan by the local planning commission confers any rights, the violation of which may make it subject to appeal. This case comes before us as an appeal from the granting of Motions to Dismiss a complaint seeking declaratory judgment and injunctive relief. Therefore, in reviewing the evidence below, we are required to assume the truth of all material…