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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND

No. 1006 September Term, 2009

JOHN ANSELMO, et al. v. MAYOR AND CITY COUNCIL OF ROCKVILLE, et al.

Meredith, Graeff, Thieme, Raymond G., Jr. (Retired, Specially Assigned), JJ.

Opinion by Thieme, J.

Filed: November 1, 2010

Appellants,1 initiated this action in the Circuit Court for Montgomery County seeking judicial review of an April 29, 2008, decision of the City of Rockville Planning Commission (the "Planning Commission"). That decision granted a use permit to and authorized appellee MHP Town Center, Inc. ("MHP") to build a 109 unit apartment complex on land located at the intersection of 254 North Washington Street and 13 Beall Avenue in Rockville, Maryland. Following a hearing, the circuit court affirmed the Planning Commission's decision by order entered on June 5, 2009. Appellants filed a timely appeal, raising two issues, which we quote: 1. Whether the decision of the Commission violates the City's adopted Adequate Public Facilities Ordinance and Adequate Public Facilities Standards. 2. Whether the decision of the Commission was erroneous as a matter of law because it does not contain the findings required by Sections 25-193(a) and 25-681 of the Rockville City Code. Re-stated, we are asked in this appeal whether the Planning Commission erred by approving MHP's use application based on an erroneous construction of

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Maryland Law