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MONTGOMERY COUNTY v. ANCHOR INN SEAFOOD RESTAURANT

No. 91, Sept. Term, 2000.

822 A.2d 429 (2003)

374 Md. 327

MONTGOMERY COUNTY, Maryland, et al. v. ANCHOR INN SEAFOOD RESTAURANT, et al.

Court of Appeals of Maryland.

May 2, 2003.

Attorney(s) appearing for the Case

Judson P. Garrett, Jr., Associate County Atty., Marc P. Hansen, Associate County Atty. (Charles W. Thompson, Jr., County Atty., Karen L. Federman Henry, Associate County. Atty., on brief), Rockville, J. Joseph Curran, Jr., Atty. Gen. of Maryland, Robert A. Zarnoch, Kathryn M. Rowe, Asst. Attys. Gen., Annapolis, for petitioners.

Stanley D. Abrams (Cathy G. Borten, on brief) of Bethesda, Eric S. Jaffe, Washington, DC, Robert W. Keene, Jr., Rachel T. McGuckian, Rockville, for respondents.

Argued before BELL, C.J., ELDRIDGE, RAKER, WILNER, CATHELL, HARRELL and BATTAGLIA, JJ.

ELDRIDGE, J.

We issued a writ of certiorari in this case to determine the validity of a Montgomery County regulation that prohibits smoking in eating and drinking establishments other than private clubs. We shall hold that the regulation is invalid.

I.

On January 19, 1999, Bill No. 2-99, banning smoking in licensed bars and restaurants in Montgomery County, was introduced in the Montgomery County Council...

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