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WEST MONT. ASS'N v. MNCP & P COM'N

No. 124, September Term, 1985.

309 Md. 183 (1987)

522 A.2d 1328

WEST MONTGOMERY COUNTY CITIZENS ASSOCIATION ET AL. v. MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION ET AL.

Court of Appeals of Maryland.

Motion for Reconsideration Denied June 2, 1987.

Attorney(s) appearing for the Case

Roger W. Titus, Rockville, for appellant.

Paul A. McGuckian, Co. Atty., Rockville (Jane E. Allan Associate General Counsel and Arthur S. Drea, Jr., Gen. Counsel on the brief), Silver Spring, for appellees Maryland-Nat. Capital Park and Planning Com'n and Montgomery County.

Vincent J. Fuller (Raymond W. Bergan, Judith A. Miller and Williams & Connolly, Peter N. Kyros, Jr., Paul C. Fiduccia and Winston & Strawn, on the brief), Washington, D.C., for appellee PGA Tour, Inc.

Stephen Z. Kaufman, Larry A. Gordon and Linowes & Blocher, on the brief, Silver Spring, for appellee Rock Run Ltd. Partnership.

Argued before MURPHY SMITH ELDRIDGE COLE RODOWSKY COUCH and McAULIFFE, JJ.

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...

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