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Legal Opinion

West Montgomery County Citizens Ass'n v. Maryland-National Capital Park & Planning Commission

Court of Appeals of Maryland

Decided April 1, 1987No. 124, September Term, 1985PublishedCited by 19 opinions

1Opinion of the Court

McAULIFFE, Judge.

We shall here invalidate a Montgomery County zoning decision concerning density of residential development because that decision was made by the District Council through the planning process, rather than through the zoning process mandated by State law.

A county enjoys no inherent power to zone or rezone, and may exercise zoning power only to the extent and in the manner directed by the State Legislature. Crozier v. Co. Comm. Pr. George’s Co., 202 Md. 501, 505-07, 97 A.2d 296 (1953). The Regional District Act, Md.Code (1957, 1983 Repl.Vol.) Art. 28, § 8-101(b) grants zoning…

2Cases cited17 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Fred F. French Investing Co. v. City of New YorkNew York Court of Appeals · 1976
  3. Harbor Island Marina v. BOARD OF CTY. COMMISSIONERS OF CALVERT CTY.Court of Appeals of Maryland · 1979
  4. Montgomery County v. Woodward & Lothrop, Inc.Court of Appeals of Maryland · 1977
  5. Hyson v. Montgomery County CouncilCourt of Appeals of Maryland · 1966

12 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Mayor and Council of Rockville v. Rylyns Enterprises, Inc.Court of Appeals of Maryland · 2002
  2. County Council v. Zimmer Development Co.Court of Appeals of Maryland · 2015
  3. Montgomery County v. REVERE NATIONAL CORP., INC.Court of Appeals of Maryland · 1996
  4. Mayor of Rockville v. Woodmont Country ClubCourt of Appeals of Maryland · 1998
  5. People's Counsel v. Crown Development Corp.Court of Appeals of Maryland · 1992

14 more not listed; retrieve them via the Exa API.

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