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Circuit Court for Prince George's County Case # CAL 98-4997

IN THE COURT OF APPEALS OF MARYLAND No. 68 September Term, 2000

COUNTY COUNCIL OF PRINCE GEORGE'S COUNTY, MARYLAND, SITTING AS THE DISTRICT COUNCIL v. BOB DUTCHER

Bell, C.J. Eldridge Raker Wilner Cathell Harrell Battaglia JJ.

Opinion by Harrell, J.

Filed: September 11, 2001

Following conditional approval by the Prince George's County Planning Board ("Planning Board") of the Maryland-National Capital Park and Planning Commission

("MNCPPC" or "Commission") of a preliminary plan of subdivision, including a traffic facilities mitigation plan, submitted by Respondent, Bob Dutcher, a nearby citizens'

association filed an administrative appeal of the Planning Board's decision to the Prince George's County Council ("County Council"), sitting as the District Council ("District Council").1 Such an appeal was authorized ostensibly by a section of the Prince George's

County Code ("PGCC") (1999 ed.), enacted by the Prince George's County Council. 2 On 11 February 1998, the District Council issued its Notice of Final Decision in the administrative appeal, rejecting the Planning Board's findings of fact and reversing the Planning Board's decision. Respondent sought judicial review by the Circuit Court for Prince George's County. On 9 June 1999, the Circuit Court, entered judgment in Respondent's favor reversing the decision of the District Council, holding, among other things, that: (1) the District Council failed to give deference to the factual findings of the Planning Board, a requirement identified

We refer to the District Council and County Council as separate entities, although they are comprised of the same group of elected local governmental officials. The different names discriminate between the exercise of different governmental functions. The District Council makes discrete land use decisions, and the County Council performs the general legislative functions of the legislative branch of the Prince George's County government. PGCC

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Maryland Law