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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1245 SEPTEMBER TERM, 2005

1000 FRIENDS OF MARYLAND ET AL. v. ROBERT L. EHRLICH, JR. ET AL.

Murphy, C.J., Kenney, Rodowsky, Lawrence F. (Retired, specially assigned), JJ.

Opinion by Kenney, J.

Filed: September 19, 2006

1000 Friends of Maryland and Nancy Davis (collectively "appellants") brought suit in the Circuit Court for Howard County against Robert L. Ehrlich, Jr. ("the Governor"), William Donald Schaefer ("the Comptroller"), and Nancy K. Kopp ("the Treasurer") (collectively "appellees"), challenging the actions of the Board of Public Works ("the Board") in approving for State funding a proposed expansion of Maryland Route 32 in Howard County. Appellants now appeal the court's dismissal of their claims. They present three questions, which we have rewritten and reordered as follows:1 1. Does the "Smart Growth" legislation allow for an exception for a transportation project on the basis of "extraordinary circumstances?" 2. If so, does the transportation project at issue in this case satisfy the criteria for the "extraordinary circumstances" exception? 3. Was the Board required to articulate factual findings in approving appellees' request?

1

Appellants present the following issues: Whether the Board of Public Works disregarded the requirements of the Smart Growth Act. A. Whether the Board must articulate its factual findings; B. Whether the Smart Growth Act allows an exception for a transportation project on the basis of extraordinary circumstances; and C. Whether the Expansion meets the criteria for the extraordinary circumstances exception to the Smart Growth Act.

For the following reasons, we shall affirm the judgment of the circuit court. FACTUAL AND PROCEDURAL HISTORY The "Smart Growth" legislation, enacted in 1997,2 mandates that "the State may not provide funding for a growth-related project[3] if the project is not located within a priority funding area."4 Md. Code (1985, 2006 Repl. Vol.),

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