GERTZ v. ANNE ARUNDEL COUNTY

No. 13, September Term, 1994.

339 Md. 261 (1995)

ROBERT E. GERTZ v. ANNE ARUNDEL COUNTY, MARYLAND.

Court of Appeals of Maryland.

July 21, 1995.


Attorney(s) appearing for the Case

Susan S. James Mayer (James L. Mayer, on brief), Columbia, for petitioner.

Francis M. Gasperich, Crownsville, for amicus curiae.

Judson P. Garrett, Jr., County Atty. (Robert M. Pollock, Sr. Asst. County Atty., on brief), Annapolis, for respondent.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, BELL and RAKER, JJ.


RAKER, Judge.

In this case we are asked to decide whether the conduct of Anne Arundel County in enacting and enforcing an ordinance regulating sanitary landfills, passed as emergency legislation after a judgment in favor of a landowner against Anne Arundel County, gives rise to a cause of action under 42 U.S.C. § 1983 (1988). We must also decide whether, under the doctrine of res judicata, the judgment bars Anne Arundel County from subsequently applying...

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