Mossburg v. Montgomery County, Md.

ELDRIDGE, Judge.

The principal issue in this zoning case concerns the validity of a requirement that four out of the five members of the Montgomery County Board of Appeals approve an application for a special exception. The requirement, often referred to as a “supermajority” requirement, was enacted by the County Council of Montgomery County in its zoning ordinance, § 59-A-4.128 of the Montgomery County Code, and was embodied in a Board of Appeals’ rule. It was not, however, expressly authorized by the General Assembly in the zoning enabling statute.

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On October 10, 1989, William H. Mossburg,…