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Montgomery County, Maryland v. May Department Stores Company, No. 19, September Term, 1998.

[Real Property - Statutory Construction - Neither Montgomery County ordinance creating Moderately Priced Dwelling Unit Program, nor covenants imposed on the subject property pursuant to that program, create a lien on the subject property or a property interest therein.]

Circuit Court for Montgomery County Case # Civil 154349

IN THE COURT OF APPEALS OF MARYLAND No. 19 September Term, 1998 _________________________________________

MONTGOMERY COUNTY, MARYLAND v. MAY DEPARTMENT STORES COMPANY

_________________________________________ Bell, C.J. Eldridge Rodowsky Chasanow Raker Wilner Karwacki, Robert L. (retired, specially assigned), JJ. _________________________________________ Opinion by Rodowsky, J. _________________________________________ Filed: December 14, 1998

This dispute is between claimants to surplus funds in a mortgage foreclosure. The petitioner, Montgomery County, Maryland (the County), rests its claim on Montgomery County Code (1994) (MCC), Chapter 25A, as amended. The claim of respondent, May Department Stores Co. d/b/a Woodward & Lothrop, Inc. (the Store), is based on a judgment lien. The Court of Special Appeals held in favor of the Store. May Dep't Stores v. Montgomery County, 118 Md. App. 441, 702 A.2d 988 (1997). We granted the County's petition for certiorari, and we shall affirm for the reasons explained below.1 I MCC Chapter 25A governs the County's Moderately Priced Dwelling Unit (MPDU) program. One feature of the County's effort to meet the need for affordable housing authorizes an increase in the zoning density of a residential real estate development if the developer includes MPDUs.

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Maryland Law