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PRINCE GEORGE'S COUNTY v. RAY'S USED CARS

No. 133, September Term, 2005.

922 A.2d 495 (2007)

398 Md. 632

PRINCE GEORGE'S COUNTY, Maryland v. RAY'S USED CARS, et al.

Court of Appeals of Maryland.

May 4, 2007.

Attorney(s) appearing for the Case

Steven M. Gilbert, Principal Counsel (David S. Whitacre, County Atty., Upper Marlboro, on brief), for petitioner.

Dennis Whitley, III (Russell W. Shipley, Shipley & Horne, P.A., Largo, on brief), for respondents.

Argued before RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA, GREENE, JOHN C. ELDRIDGE, (Retired, Specially Assigned), JJ.

ELDRIDGE, J.

This case concerns a challenge to the constitutionality of a zoning ordinance establishing a minimum lot size of 25,000 square feet for used motor "[v]ehicle, mobile home, or camping trailer sales lot[s]."1 The dispositive issue in the case, however, is whether the ordinance's challengers were first required to invoke and exhaust administrative remedies. The petitioner, Prince George's County, argues that a judicial determination...

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