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ANNE ARUNDEL COUNTY v. NES

No. 1687, September Term, 2004.

881 A.2d 1161 (2005)

163 Md. App. 515

ANNE ARUNDEL COUNTY, Maryland v. Jane P. NES et al.

Court of Special Appeals of Maryland.

Reconsideration Granted September 1, 2005.

Attorney(s) appearing for the Case

Patricia A. Logan (Linda M. Schuett, County Atty., on brief), Annapolis, for Appellant.

Jefferson V. Wright (William N. Krulak, Jr., Ronald S. Schimel, Miles & Stockbridge, P.C., on the brief), Baltimore, for Appellees.

Panel: DAVIS, WILLIAM W. WENNER, (retired, specially assigned), RAYMOND G. THIEME, JR. (retired, specially assigned), JJ.

DAVIS, Judge.

Appellees, Jane P. Nes and Tanyard Springs Limited Partnership, sought to subdivide a large tract of land in Anne Arundel County. They applied to the County's Director of Planning and Code Enforcement (PACE) for a waiver of school capacity requirements imposed by County ordinances. PACE denied the waiver request. Appellees then appealed the denial to the County's Board of Appeals, which affirmed PACE's decision. Appellees sought judicial review in the...

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