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MAYOR AND CITY COUNCIL OF BALTIMORE v. NEW PULASKI CO. LTD. P'SHIP

No. 168, Sept. Term, 1996.

684 A.2d 888 (1996)

112 Md. App. 218

MAYOR AND CITY COUNCIL OF BALTIMORE v. The NEW PULASKI COMPANY LIMITED PARTNERSHIP.

Court of Special Appeals of Maryland.

November 8, 1996.

Attorney(s) appearing for the Case

Kathryn E. Kovacs, Assistant Solicitor (Neal M. Janey, City Solicitor and Burton H. Levin, Principal Counsel, on the brief), Baltimore, for Appellant.

Thomas G. Garrison and Karin Marie Kendrick, Baltimore, for Amicus Curiae, Baltimore Recycling Coalition, Inc.

Roger W. Titus (Thomas P. Perkins, III, C. Carey Deeley, Jr., Mitchell Y. Mirviss, Kevin B. Collins and Venable, Baetjer and Howard, L.L.P., on the brief), Rockville, for Appellee.

Argued before DAVIS, HARRELL, and EYLER, JJ.

DAVIS, Judge.

On January 5, 1996, the Circuit Court for Baltimore County issued a judgment declaring City of Baltimore Ordinance No. 128 of the 1992 Councilmanic Session preempted by State environmental laws. The court granted summary judgment in favor of appellee The New Pulaski Company Limited Partnership, and the Mayor and City Council of Baltimore appealed. The principal issue presented for our review is restated as follows:

Whether Ordinance No. 128...

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