Mayor and Council of Rockville v. Rylyns Enterprises, Inc.

HARRELL, Judge.

According to Respondent, Rylyns Enterprises, Inc. (Rylyns), this case presents an unusual situation where a land use restriction demanded by Montgomery County, Maryland, during municipal annexation proceedings by the City of Rockville required the City to impose improper “conditional zoning” on the annexed property. The Court of Special Appeals, in an unreported opinion, held that the municipality’s imposition, at the insistence of the County, of a condition limiting the use of the newly annexed property more restrictively than allowed by the City zoning ordinance for the…