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CITY OF GAITHERSBURG v. MONT. CTY.

[No. 212, September Term, 1973.]

271 Md. 505 (1974)

318 A.2d 509

CITY OF GAITHERSBURG ET AL. v. MONTGOMERY COUNTY, MARYLAND ET AL.

Court of Appeals of Maryland.

Decided May 1, 1974.

Attorney(s) appearing for the Case

Joe M. Kyle for appellants.

Sanford E. Wool, with whom was Robert H. Levan on the brief, for appellee Maryland-National Capital Park and Planning Commission. Stephen J. Orens, Assistant County Attorney, with whom were Richard S. McKernon, County Attorney, Alfred H. Carter, Deputy County Attorney, and John B. Walsh, Jr., Assistant County Attorney, on the brief, for appellee Montgomery County, Maryland.

The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE and ELDRIDGE, JJ.

ELDRIDGE, J., delivered the opinion of the Court.

The only issue in this case concerns the validity, under Art. XI-E of the Maryland Constitution, of Chapter 116 of the Laws of Maryland 1971. That statute, which adds a clause to Maryland Code (1957, 1973 Repl. Vol.), Art. 23A, § 9 (c), provides that no municipality annexing land may, for five years following annexation, rezone the land so as to permit a use substantially...

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