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MOSSBURG v. MONTGOMERY COUNTY, MD.

No. 84, September Term, 1992.

329 Md. 494 (1993)

620 A.2d 886

WILLIAM H. MOSSBURG, JR. ET AL. v. MONTGOMERY COUNTY, MARYLAND.

Court of Appeals of Maryland.

March 10, 1993.

Attorney(s) appearing for the Case

Joseph P. Blocher (David L. Cahoon, Todd D. Brown, Linowes and Blocher, all on brief), Silver Spring, for petitioners.

Norman G. Knopf (Dennis M. Cate, Knopf & Brown, all on brief), Washington, DC, Karen L. Federman Henry, Asst. County Atty., Rockville, for respondents.

Argued before ELDRIDGE, RODOWSKY, McAULIFFE, CHASANOW, KARWACKI, ROBERT M. BELL, JJ., and CHARLES E. ORTH, Jr., Associate Judge of the Court of Appeals of Maryland (retired), Specially Assigned.

ELDRIDGE, Judge.

The principal issue in this zoning case concerns the validity of a requirement that four out of the five members of the Montgomery County Board of Appeals approve an application for a special exception. The requirement, often referred to as a "supermajority" requirement, was enacted by the County Council of Montgomery County in its zoning ordinance, § 59-A-4.123 of the Montgomery County Code, and was embodied in a Board of Appeals' rule. It was...

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