BOYDS CIVIC ASS'N v. MONTGOMERY COUNTY

Nos. 62, 100, September Term, 1986 (Two Cases).

309 Md. 683 (1987)

526 A.2d 598

BOYDS CIVIC ASSOCIATION, ET AL. v. MONTGOMERY COUNTY COUNCIL, ET AL.

Court of Appeals of Maryland.

June 8, 1987.


Attorney(s) appearing for the Case

William J. Chen, Jr. (John F. McCabe, Jr., Chen, Walsh & Tecler, on brief), Rockville, and Allan A. Noble and Budow & Noble, P.C., on brief), Bethesda, for appellants.

Alan M. Wright, Senior Asst. Co. Atty. (Paul A. McGuckian, Co. Atty. on brief), Rockville, for appellee Montgomery County Council in No. 62.

Kathleen Sheehy (Charles G. Dalrymple and Linowes & Blocher, on brief), Silver Spring, for appellee Rockville Crushed Stone, Inc. in No. 62.

Arthur S. Drea, Jr., Gen. Counsel and Jane E. Allan, Associate Gen. Counsel, on brief, Silver Spring, for The Maryland-Nat. Capital Park and Planning Com'n in No. 62.

Jane E. Allan, Associate Gen. Counsel (Arthur S. Drea, Jr., Gen. Counsel, on brief), Silver Spring, for appellee The Maryland-Nat. Capital Park and Planning Com'n in No. 100.

Kathleen Sheehy (Charles G. Dalrymple and Linowes & Blocher, on brief), for appellee Rockville Crushed Stone, Inc. in No. 100.

Paul A. McGuckian, Co. Atty. and Alan M. Wright, Senior Asst. Co. Atty., on brief, Rockville, for appellee Montgomery County in No. 100.

Argued before ELDRIDGE, COLE, RODOWSKY, COUCH, McAULIFFE, JJ., and MARVIN H. SMITH and CHARLES E. ORTH, Jr., Associate Judges of the Court of Special Appeals (retired), Specially Assigned.


MARVIN H. SMITH, Judge, Retired, Specially Assigned.

The Montgomery County zoning ordinance provides for what is called a Mineral Resource Recovery Zone. It is in the nature of a floating zone. A prerequisite to adoption of that zone for any specific area is that the master plan for the area must designate the land as suitable for such a zone. These two appeals involve an amendment to the Boyds Master Plan providing that certain land is suitable for such a zone.<...

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