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MONTGOMERY COUNTY v. BUTLER

No. 27, September Term, 2010.

9 A.3d 824 (2010)

417 Md. 271

MONTGOMERY COUNTY, Maryland, et al. v. Melody BUTLER d/b/a Butler Landscape Design.

Court of Appeals of Maryland.

December 16, 2010.

Attorney(s) appearing for the Case

Karen L. Federman Henry , Division Chief ( Marc P. Hansen , Acting County Attorney and Barbara L. Jay , Associate County Attorney, Rockville; Jeffrey W. Harab of Law Offices of Jeffrey W. Harab, P.C., Chevy Chase), on brief, for appellants.

Susan W. Carter (Miller, Miller & Canby, Chtd., Rockville), on brief, for appellee.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and BARBERA, JJ.

HARRELL, J.

This case invites us to revisit our modern cases exploring the essence of "special exceptions"1 and their role in the regulatory scheme of zoning—principally starting with Schultz v. Pritts, 291 Md. 1, 432 A.2d 1319 (1981), and running to, most recently, People's Counsel for Baltimore County v. Loyola College in Maryland, 

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