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WESTCHESTER WEST NO. 2 v. MONT. CTY.

[No. 32, September Term. 1975.]

276 Md. 448 (1975)

348 A.2d 856

WESTCHESTER WEST NO. 2 LIMITED PARTNERSHIP ET AL. v. MONTGOMERY COUNTY, MARYLAND ET AL.

Court of Appeals of Maryland.

Decided December 18, 1975.

Attorney(s) appearing for the Case

Ronald L. Early, with whom were Lerch, Pillote & Lerch on the brief, for appellants.

Stephen J. Orens, Assistant County Attorney, with whom were Richard S. McKernon, County Attorney, Alfred H. Carter, Deputy County Attorney, and Sue Levin, Assistant County Attorney, on the brief, for appellees.

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

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

This case presents a challenge to a Montgomery County rent control ordinance on the ground that it constitutes a deprivation of property without due process of law in violation of the Fourteenth Amendment to the United States Constitution.

On September 18, 1973, the Montgomery County Council enacted a rent control law, Bill No. 39-73, codified as Montgomery County Code (1972, 1974 Cum. Supp.), Chapter 29, Article...

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