OPINION
BROOKSHIRE, Justice.
Montgomery County (hereafter "County") was plaintiff and cross-defendant in the trial court. La COUR Du ROI, INC., (hereafter "Du ROI") was defendant and cross-plaintiff below. County sought temporary and permanent injunctive relief and damages based on Du ROI's failure to comply with statutes, rules and regulations pertaining to subdivision development in the County. Du ROI pleaded for a declaratory
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