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SUGARLOAF CITIZENS ASSOC., INC. v. GUDIS

No. 59, September Term, 1989.

319 Md. 558 (1990)

573 A.2d 1325

SUGARLOAF CITIZENS ASSOC., INC. ET AL. v. MICHAEL GUDIS AND COUNTY COUNCIL OF MONTGOMERY COUNTY, MARYLAND.

Court of Appeals of Maryland.

May 30, 1990.

Attorney(s) appearing for the Case

Ralph Gordon (Albert O. Cornelison, Jr., C. Holly Trimmer, Gordon, Simmons & Cornelison, all on brief), Frederick, for petitioners.

Marc P. Hansen, Sr. Asst. County Atty. (Clyde H. Sorrell, County Atty., both on brief), Rockville, for respondents.

Argued before MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS, JJ., and CHARLES E. ORTH, Jr., Associate Judge of the Court of Special Appeals (retired), Specially Assigned.

ADKINS, Judge.

On 7 July 1987 four members of the Montgomery County Council voted in favor of siting a mass-burn resource recovery facility (RRF — a type of incinerator) in the Dickerson area of the county. One of the four members so voting was respondent Michael Gudis (Gudis).1 The three remaining councilmembers voted to locate the facility in the Shady Grove area. Later at the same meeting, the council (by vote of 4-1, with Gudis...

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