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JAKANNA WOODWORKS, INC. v. MONTGOMERY COUNTY

No. 18 Sept. Term, 1996.

689 A.2d 65 (1997)

344 Md. 584

JAKANNA WOODWORKS, INC. v. MONTGOMERY COUNTY, Maryland.

Court of Appeals of Maryland.

February 13, 1997.

Attorney(s) appearing for the Case

James C. McKay (Thomasenia P. Duncan, Gail H. Javitt, Frank Partnoy, Covington & Burling, Washington, DC; Elizabeth M. Boyle, Alexandria, VA; Arthur B. Spitzer, ACLU, Washington, DC; Susan Goering, ACLU, Baltimore), on brief, for Petitioner.

Charles W. Thompson, Jr., County Attorney (Linda B. Thall, Senior Assistant County Attorney; Clifford L. Royalty, Assistant County Attorney, on brief), Rockville, for Respondent.

Daniel J. Popeo, Paul D. Kamenar, Washington Legal Foundation, Edward J. Grass, Wiley, Rein & Fielding, Daniel E. Troy, Lon A. Berk, Wiley, Rein & Fielding, Washington, D.C., amicus curiae, The Washington Legal Foundation in support of Petitioner.

Before BELL, C.J. and ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, RAKER and WILNER JJ.

CHASANOW, Judge.

The issue in this case is whether Chapter 30-10 of the Montgomery County Code, which requires merchants to obtain a license before advertising a "closing-out sale," impermissibly infringes upon the constitutional rights of merchants to engage in truthful and non-misleading commercial speech, both because Chapter 30-10 is not narrowly tailored to advance directly a substantial government interest and because...

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