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A HELPING HAND, LLC v. BALTIMORE COUNTY, MD

No. 06-2026.

515 F.3d 356 (2008)

A HELPING HAND, LLC, A Maryland Corporate Entity; John Doe 1; Jane Doe Number 1; John Doe 2, Plaintiffs-Appellees, and Jane Doe Number 2; Jane Doe Number 3, Plaintiffs, v. BALTIMORE COUNTY, MARYLAND; Office of the Zoning Commissioner of Baltimore County; County Council of Baltimore County; Baltimore County Department of Permits and Development Management, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: February 12, 2008.

Attorney(s) appearing for the Case

ARGUED: Jeffrey Grant Cook, Paul M. Mayhew, Baltimore County Office of Law, Towson, Maryland, for Appellants. Richard A. Simpson, Ross, Dixon & Bell, L.L.P., Washington, D.C., for Appellees. ON BRIEF: John E. Beverungen, County Attorney, Baltimore County Office of Law, Towson, Maryland, for Appellants. Deborah A. Jeon, ACLU of Maryland, Baltimore, Maryland; Jimmy R. Rock, Ross, Dixon & Bell, L.L.P., Washington, D.C., for Appellees.

Before MOTZ and DUNCAN, Circuit Judges, and BRINKEMA, United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed in part, reversed in part, vacated in part, and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge DUNCAN and Judge BRINKEMA joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

This case arises from the enactment of a county zoning ordinance rendering operation of a methadone treatment clinic at its chosen location unlawful. The clinic alleges that the ordinance violates the Americans with Disabilities Act (ADA),...

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