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SMOKE RISE, INC. v. WASHINGTON SUBURBAN SAN. COM'N

Civ. A. No. N-73-1031.

400 F.Supp. 1369 (1975)

SMOKE RISE, INC., a Maryland Corporation, et al. v. WASHINGTON SUBURBAN SANITARY COMMISSION et al.

United States District Court, D. Maryland.

August 18, 1975.

Attorney(s) appearing for the Case

Joseph P. Blocher and John J. Delaney and Linowes & Blocher, Silver Spring, Md., for plaintiffs.

Paul T. Sisson, Silver Spring, Md., Gen. Counsel for defendant Washington Suburban Sanitary Comm.

Richard S. McKernon, County Atty., and John B. Walsh, Jr., Asst. County Atty., for defendant Montgomery County, Maryland.

Joseph S. Casula, County Atty., and James F. Sharkey, Associate County Atty., for defendant Prince George's County.

Francis B. Burch, Atty. Gen. of Maryland and Donald H. Noren and Paul M. Vettori, Asst. Attys. Gen., for defendant Maryland Dept. of Health and Mental Hygiene.

Francis B. Burch, Atty. Gen., of Maryland and Warren K. Rich, Asst. Atty. Gen., and Edward F. Lawson, Special Atty. Gen., for defendant Maryland Environmental Services.

Robert H. Levan and Sanford E. Wool, Silver Spring, Md., for defendant Maryland-National Capital Park and Planning Comm.

NORTHROP, Chief Judge.

In this case, plaintiffs, all of whom are active in the home construction industry in the State of Maryland, challenge the constitutional and statutory validity of the various sewer hook-up moratoria which are presently in force in the several river basins of Prince George's and Montgomery Counties. Plaintiffs have brought their complaint under the fifth and fourteenth amendments of the United States Constitution, and seek declaratory and injunctive...

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