Legal Opinion
Eastern Diversified Properties, Inc. v. Montgomery County
Court of Appeals of Maryland
Decided March 7, 1990No. 97, September Term, 1989PublishedCited by 37 opinions
1Opinion of the Court
MURPHY, Chief Judge.
The question presented is whether a “development impact fee,” imposed by ch. 49A of the Montgomery County Code (1984) for road construction, is a valid regulatory fee under the County's home rule power or is a tax which the County is without authority to impose.
I
Eastern Diversified Properties, Inc. (Diversified) owns a parcel of land in Montgomery County upon which it proposes to construct an automobile sales and service facility containing 53,930 square feet of retail space and 9,444 square feet of office space. As required by law, the Maryland-National Capital Park and…
2Cases cited19 opinions
- United States v. La FrancaSupreme Court of the United States · 1931
- County Council v. Investors Funding Corp.Court of Appeals of Maryland · 1973
- Ritchmount Partnership v. Board of Supervisors of ElectionsCourt of Appeals of Maryland · 1978
- Montgomery Citizens League v. GreenhalghCourt of Appeals of Maryland · 1969
- Maryland Theatrical Corp. v. BrennanCourt of Appeals of Maryland · 1942
14 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Koontz v. St. Johns River Water Management Dist.Supreme Court of the United States · 2013
- Waters Landing Ltd. Partnership v. Montgomery CountyCourt of Appeals of Maryland · 1994
- River Walk Apartments, LLC v. TwiggCourt of Appeals of Maryland · 2007
- Home Builders Ass'n of Greater Des Moines v. City of West Des MoinesSupreme Court of Iowa · 2002
- Country Joe, Inc. v. City of EaganSupreme Court of Minnesota · 1997
32 more not listed; retrieve them via the Exa API.