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COUNTY COUNCIL OF PRINCE GEORGE'S COUNTY v. DUTCHER

No. 68, Sept. Term, 2000.

780 A.2d 1137 (2001)

365 Md. 399

COUNTY COUNCIL OF PRINCE GEORGE'S COUNTY, Maryland, Sitting as the District Council, v. Bob DUTCHER.

Court of Appeals of Maryland.

Reargued June 4, 2001.

Decided September 11, 2001.

Attorney(s) appearing for the Case

Steven M. Gilbert, Upper Marlboro, for petitioner.

Paul B. Rodbell (Meyers, Rodbell & Rosenbaum, P.A., on brief), Riverdale, for respondent.

Douglas C. Meister (Meyers, Rodbell & Rosenbaum, P.A.), Riverdale, for respondent.

Adrian Robert Gardner, General Counsel, M. Andree Green, Associate General Counsel, amicus curiae brief for the Maryland-National Capital Park and Planning Commission filed on behalf of appellee, amicus curiae.

Reargued before BELL, C.J., ELDRIDGE, RAKER, WILNER, CATHELL, HARRELL and BATTAGLIA, JJ.

HARRELL, Judge.

Following conditional approval by the Prince George's County Planning Board ("Planning Board") of the Maryland-National Capital Park and Planning Commission ("MNCPPC" or "Commission") of a preliminary plan of subdivision, including a traffic facilities mitigation plan, submitted by Respondent, Bob Dutcher, a nearby citizens' association filed an administrative appeal of the Planning Board's decision to the...

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