Legal Opinion · Dissent

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

Court of Appeals of Maryland

Decided December 31, 2002No. 43, Sept. Term, 2001Published

1Dissent

*582Dissenting Opinion by

CATHELL, Judge

in which BELL, Chief Judge joins.

I dissent. It is difficult to disagree with such a well-written, comprehensive opinion on general land use principles that has so much in it with which I agree. However, because it also has holdings in it with which I disagree, I shall overcome the difficulty. As to the determinative questions presented to this Court, I believe the relevant statutory interpretations made by the majority, and the ultimate decisions here rendered, are wrong.

I first, and primarily, dissent from the majority’s holding that conditional zoning, as…

2Cases cited55 opinions

  1. Kaczorowski v. Mayor of BaltimoreCourt of Appeals of Maryland · 1987
  2. Oaks v. ConnorsCourt of Appeals of Maryland · 1995
  3. Marriott Employees Federal Credit Union v. Motor Vehicle AdministrationCourt of Appeals of Maryland · 1997
  4. Mayor of Baltimore v. ChaseCourt of Appeals of Maryland · 2000
  5. Coburn v. CoburnCourt of Appeals of Maryland · 1996

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