Legal Opinion
Montgomery Cnty. v. Complete Lawn Care
Court of Special Appeals of Maryland
Decided May 2, 2019No. 1203/17Published
1Opinion of the Court
Montgomery County, Maryland v. Complete Lawn Care, Inc., et al., No. 1203, September Term, 2017. Opinion by Zarnoch, J. LOCAL GOVERNMENTS – PREEMPTION BY STATE LAW A Montgomery County ordinance restricting the use of certain pesticides throughout the County was not preempted in any of the three ways by which State law may preempt local law: (1) expressly, (2) by conflict, or (3) by implication. Express preemption occurs when the General Assembly prohibits legislation in a field by specific language in a statute. Conflict preemption occurs when a local law prohibits an activity which is…
2Cases cited32 opinions
- Merrill Lynch, Pierce, Fenner & Smith, Inc. v. CurranSupreme Court of the United States · 1982
- Wisconsin Public Intervenor v. MortierSupreme Court of the United States · 1991
- Bates v. Dow Agrosciences LLCSupreme Court of the United States · 2005
- Ad + Soil, Inc. v. County CommissionersCourt of Appeals of Maryland · 1986
- State v. BellCourt of Appeals of Maryland · 1998
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