Montgomery Preservation Inc. v. Montgomery County Planning Board of Maryland-National Capital Park & Planning Commission
14 A.3d 1
Md. Ct. Spec. App.2011Background
- Appellants filed a complaint for writ of administrative mandamus on Dec. 1, 2008, seeking judicial review of the Planning Board's recommendation to not designate the Perpetual Building as historic.
- Planning Board recommended against amending the Master Plan and transmitted a draft amendment to the District Council.
- District Council discussed but did not schedule a hearing and ultimately took no action.
- Circuit Court dismissed the petition, holding the Planning Board's action was only a recommendation and not final agency action.
- Appellants contended the Planning Board's recommendation was a final, appealable decision that could be reviewed via mandamus or judicial review.
- Final decision on Master Plan amendments rests with the District Council, not the Planning Board.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Planning Board's recommendation is a final administrative decision subject to review | Montgomery Preservation contends the Planning Board's recommendation is final | Planning Board argues it is advisory and not a final decision maker | Affirmed: recommendation not final; mandamus review improper. |
| Who has final authority to amend the Master Plan in Montgomery County | District Council should review the amendment after Planning Board's recommendation | District Council retains final authority; Planning Board only transmits recommendations | Final decision lies with District Council, not Planning Board. |
Key Cases Cited
- Goodwich v. Nolan, 343 Md. 130 (1996) (final agency decision required for review; planning decisions are not inherently reviewable)
- Boyds Civic Association v. Montgomery County Council, 309 Md. 683 (1987) (ultimate plan adoption resides with County Council)
- Mayor & Council of Rockville v. Rylyns Enters., Inc., 372 Md. 514 (2002) (plans by planning commissions are advisory; no binding effect)
- Washington County Taxpayers Asso. v. Board of County Comm'rs, 269 Md. 454 (1973) (challenge to plan requires appealing the legislative body, not the planning commission)