MILLER v. MALONEY CONCRETE CO.

No. 845, September Term, 1984.

63 Md. App. 38 (1985)

491 A.2d 1218

THOMAS MILLER v. MALONEY CONCRETE COMPANY.

Court of Special Appeals of Maryland.

May 9, 1985.


Attorney(s) appearing for the Case

Martin J. Hutt, Bethesda (Harry W. Lerch and Lerch, Early, Roseman & Frankel, Bethesda, Chartered on the brief), for appellant.

Stephen Swartz, Silver Springs (Charles G. Dalrymple and Linowes and Blocher, Silver Springs, on the brief), for appellee.

Argued before GILBERT, C.J., and WILNER and ROBERT M. BELL, JJ.


WILNER, Judge.

Among the powers granted to chartered counties in Maryland by the "Express Powers Act" (Md. Code Ann. art. 25A, § 5) is the power to "prevent, abate and remove nuisances." Sec. 5(J). The Act does not specify how that power may be implemented.

One of the ways that Montgomery County has chosen to implement it is by including in its zoning law a provision that "[a]ny use which is found by the [county board of appeals] to be a public nuisance...

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