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In the Circu it Court for C arroll Coun ty Case No. C-2003-38589

IN THE COURT OF APPEALS OF MARYLAND No. 21 September Term, 2004 ______________________________________

COUNTY CO MMISSIONERS OF CARROLL COUNTY, MARYLAND v.

CARROLL CRAFT RETAIL, INC. T/A LOVE CRAFT

______________________________________ Bell, C.J. Raker Wilner Cathell Harrell Battaglia Greene, JJ. ______________________________________ Opinion by Wilner, J. ______________________________________ Filed: December 3, 2004

We granted certiorari in this case on our own initiative, prior to any definitive ruling by the Court of Specia l Appeals, in order to examine whether certain provisions in the Carroll County zoning law dealing with adult entertainment businesses are unconstitutionally vague and ambiguous. As is often the case when, on our own initiative, we opt to review a case still pending in the Court of Special Appeals, we had before us, when we granted the writ, only the appe llant's brief tha t had been filed in that court. After considering the subseque ntly filed appellee's brief, reviewing the record, and questioning counsel at oral argumen t, it has become plain that there is no appe al properly before us. We therefore have no cho ice but to dismiss the wri t as impr oviden tly granted . This case has become a procedural nightmare, one that certainly was not apparent from the appellant's brief filed in th e Cou rt of Sp ecial A ppeals . In order to identify what is, and is not, properly before us, we need to reco unt the proc edural history in s ome deta il, which , unfor tunately, w ill make this Op inion m ore than a little tedio us.

BACKGROUND Subject to specified siting requirements

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