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MONTGOMERY COUNTY v. SCHULTZE

No. 562, September Term, 1983.

57 Md. App. 781 (1984)

471 A.2d 1129

MONTGOMERY COUNTY, MARYLAND v. EDWARD W. SCHULTZE ET AL.

Court of Special Appeals of Maryland.

Certiorari Granted June 27, 1984.

Attorney(s) appearing for the Case

Paul A. McGuckian, County Atty. for Montgomery County, with whom were Robert G. Tobin, Jr., Deputy County Atty. for Montgomery County, Nathan J. Greenbaum, Sr. Asst. County Atty. for Montgomery County and Stephen P. Elmendorf, Asst. County Atty. for Montgomery County on brief, for appellant.

Stephen Z. Kaufman and Kathleen Sheehy, Silver Spring, with whom were Linowes & Blocher, Silver Spring, on brief, for appellees.

Argued before MOYLAN, LOWE and GETTY, JJ.

LOWE, Judge.

In Montgomery County, no County road shall be constructed except pursuant to a written order of the county executive authorizing such construction. Mont.Co., Md., Code § 49-52. Before authorizing construction, the county executive must hold a public hearing, § 49-53(a), and may authorize the construction only if he finds "that the public interest requires that any road construction project under consideration ... be carried out ...." (§...

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