Village Square No. 1, Inc. v. Crow-Frederick Retail Ltd. Partnership

ROSALYN B. BELL, Judge.

Village Square No. 1, Inc. and Croghan Square, Inc., appellants, appeal a decision of the Circuit Court for Frederick County. The trial court declared a portion of § 22-35 of the Frederick City Streets and Sidewalks Ordinance, concerning payment for public improvements, constitutionally invalid because it contained no due process protections for those who potentially could be liable for the costs. The sole issue in this appeal is whether the provision is constitutional. 1 We affirm the trial court and begin our explanation by providing the factual background of this…