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Montgomery County v. National Capital Realty Corp.

267 Md. 364, 297 A.2d 675 (1972)

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Montgomery County v. National Capital Realty Corp.

Maryland Court of Appeals
267 Md. 364, 297 A.2d 675 (1972)

  • Written by Tanya Munson, JD

Facts

National Capital Realty Corp. (National) (defendant) sought to rezone its property from C-O, commercial office building, to C-2, general commercial. The planning staff recommended denying National’s application based on the height and ground coverage permissible in the C-2 zone. The planning board instead approved the application after National submitted a set of covenants, conditions, and restrictions that were to become effective upon the approval of the application. The local legislative body, the Montgomery County Council (the council), relied on a memorandum from the county attorney concluding that conditional zoning was prohibited in Montgomery County to reverse the decision of the planning board to approve the application of National. National appealed, and the trial court reversed the council’s decision and ordered approval of the application. Montgomery County appealed.

Rule of Law

Issue

Holding and Reasoning (Levine, J.)

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