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EASTERN DIVERSIFIED PROP. INC. v. MONTGOMERY CTY.

No. 97, September Term, 1989.

319 Md. 45 (1990)

570 A.2d 850

EASTERN DIVERSIFIED PROPERTIES, INC. v. MONTGOMERY COUNTY, MARYLAND

Court of Appeals of Maryland.

March 7, 1990.

Attorney(s) appearing for the Case

Stephen C. Hosea (Robert J. Kim, McNamee, Hosea, Jernigan & Scott, P.A., all on brief), Greenbelt, for appellant.

A. Katherine Hart, Sr. Asst. County Atty. (Clyde H. Sorrell, County Atty., both on brief), Rockville, for appellee.

Argued before MURPHY, C.J., ELDRIDGE, COLE, RODOWSKY and ADKINS, JJ., THEODORE G. BLOOM, Judge of the Court of Special Appeals (Specially Assigned), and CHARLES E. ORTH, Jr., Associate Judge of the Court of Appeals (retired), Specially Assigned.

MURPHY, Chief Judge.

The question presented is whether a "development impact fee," imposed by ch. 49A of the Montgomery County Code (1984) for road construction, is a valid regulatory fee under the County's home rule power or is a tax which the County is without authority to impose.

I.

Eastern Diversified Properties, Inc. (Diversified) owns a parcel of land in Montgomery County upon which it proposes to construct an automobile sales and service facility...

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