PARK & PLANNING COMMISSION v. TOWN OF WASHINGTON GROVE

No. 55, September Term, 2008.

968 A.2d 552 (2009)

408 Md. 37

The MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION v. TOWN OF WASHINGTON GROVE, Maryland.

Court of Appeals of Maryland.

Reconsideration Denied May 1, 2009.


Attorney(s) appearing for the Case

Adrian Robert Gardner, General Counsel (William C. Dickerson, Associate General Counsel, and Jared M. McCarthy, Associate General Counsel, The Maryland-National Capital Park and Planning Commission, Riverdale), on brief, for Appellant/Cross-Appellee.

William J. Chen, Jr. (Chen, Walsh, Tecler & McCabe, LLP, Rockville; William J. Roberts, Poolesville), on brief, for Appellee/Cross-Appellant.

Susan Silber, Kenneth Sigman, Silber, Perlman, Sigman & Tilev, P.A., Takoma Park, Robert Manzi, Knight, Manzi, Nussbaum & LaPlaca, P.A., Upper Marlboro, Brief of the Maryland Municipal League, Amicus Curiae, in Support of the Town of Washington Grove, Appellee and Cross Appellant.

Argued Before BELL, C.J., HARRELL, GREENE, MURPHY, ADKINS, BARBERA, and JOHN C. ELDRIDGE (Retired, specially assigned), JJ.


HARRELL, Judge.

This fracas over lebensraum is essentially between the Maryland-National Capital Park and Planning Commission ("MNCPPC"), an agency of the State of Maryland exercising "planning" and "park" functions in most of Montgomery and Prince George's Counties, Md.Code, Art. 28 (1957, 2003 Repl.Vol. & Supp.2008), and the Town of Washington Grove ("Town"), a municipal corporation located in Montgomery County. They joust here over the right to possess...

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