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SIENA CORP v. MAYOR & CITY COUNCIL OF ROCKVILLE MD

No. 16-1732.

873 F.3d 456 (2017)

SIENA CORPORATION, A Maryland Corporation; Rockville North Land LLLP, A Maryland Limited Liability Limited Partnership, Plaintiffs-Appellants, v. MAYOR AND CITY COUNCIL OF ROCKVILLE MARYLAND; Bridget Newton, Rockville Mayor; Beryl Feinberg, Rockville City Council Member; Virginia Onley, Rockville City Council Member; Jane Doe, Defendants-Appellees, and Mayor and City Council of the City of Rockville, Maryland, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: October 13, 2017.

Attorney(s) appearing for the Case

ARGUED: Ira Thane Kasdan , KELLEY DRYE & WARREN LLP, Washington, D.C., for Appellants. Kevin Bock Karpinski , KARPINSKI, COLARESI & KARP, P.A., Baltimore, Maryland, for Appellees. ON BRIEF: Bezalel A. Stern , KELLEY DRYE & WARREN LLP, Washington, D.C., for Appellants. Debra Yerg Daniel , City Attorney, CITY OF ROCKVILLE, Rockville, Maryland; Sandra D. Lee , KARPINSKI, COLARESI & KARP, P.A., Baltimore, Maryland, for Appellees. Joshua P. Thompson , Anastasia P. Boden , PACIFIC LEGAL FOUNDATION, Sacramento, California, for Amicus Pacific Legal Foundation. Erek L. Barron , WHITEFORD, TAYLOR & PRESTON LLP, Bethesda, Maryland, for Amici International Municipal Lawyers Association, Maryland Association of Counties, and City of Gaithersburg.

Affirmed by published opinion. Judge Wilkinson wrote the opinion, in which Judge Niemeyer and Judge Jackson joined.

This case arises from an amendment to Rockville's zoning ordinance that prohibited the construction of self-storage facilities within 250 feet of property on which a public school is located. Appellants Siena Corporation and Rockville North Land LLLP (collectively "Siena") complain that the enactment of this amendment amounted...

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