Maenette and Jess Joseph Smith (the Smiths) sought to construct an office building on property they owned in Prince George’s County. They filed an application for a building permit with the appropriate agency, the Department of Environmental Resources of Prince George’s County (DER). As required by the Prince George’s County zoning ordinance, 1 DER transmitted copies of the application to the Prince George’s County Planning Board (the Planning Board) for review and recommendation. The Planning Board, which is comprised of the five Prince George’s County commissioners of the Maryland-National Capital Park & Planning Commission (the Commission), 2 recommended denial of the permit because it believed that a part of the lot upon which the building was to be erected was not in a zone that permitted the contemplated use. 3 DER notified the Smiths that the *6 permit would not be issued because the Planning Board had not given its approval.
The Smiths appealed to the Board of Appeals for Prince George’s County (the Board of Appeals). The Board of Appeals held five hearings on the Smiths’ appeal between June and August, 1990, and reversed the denial of the permit. The Commission and Prince George’s County (the County) joined in an appeal from that decision to the Circuit Court for Prince George’s County. The Smiths moved to dismiss the appeal for lack of standing. The circuit court denied the Smiths’ motion as to the County, but dismissed the Commission’s appeal. The trial court, citing
Md.-Nat’l Cap. P. & P. v. Mont. Co.,
I.
Initially, the Smiths allege that the trial judge abused his discretion in certifying the order of dismissal as final. Maryland Rule 2-602 provides, in part, that an order which adjudicates the rights and liabilities of fewer than all the parties to the action is not a final judgment, but a trial judge may direct the entry of a final judgment as to fewer than' all the parties if the judge expressly determines in a written order that there is no just reason for delay. The
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discretionary authority given to the trial judge under this Rule is subject to review by an appellate court.
Planning Board v. Mortimer,
II.
“The right to take an appeal is entirely statutory, and no person or agency may prosecute an appeal unless the right is given by statute.”
Subsequent Injury Fund v. Pack,
(a) Appeal to circuit court; ... (1) Any person aggrieved by the decision of the board of zoning appeals of Prince George’s County and a party to the proceeding before it may appeal to the circuit court for the county which shall have power to affirm the decision of the board, *8 or if the decision is not in accordance with law, to modify or reverse the decision, with or without remanding the case for rehearing as justice may require.
(Emphasis added.) The trial court dismissed the Commission’s 4 appeal for lack of standing under section 8-111.1, stating:
The Court finds that MNCPPC was not a party before the Board of Zoning Appeals. See Md.-Nat’l Cap. P. & P. v. Mont. Co.,267 Md. 82 , 95,296 A.2d 692 (1972). Also, they were not aggrieved by the decision of the Board. The Commission was not aggrieved because they only make recommendations to the County as to whether building permits are issued; they are merely an advisory body, they do not make decisions. Furthermore, the Commission does not have authority to enforce the zoning laws. Article 28, Section 8-112, gives the authority to enforce the zoning laws to the County Council and to municipal corporations. MNCPPC is not a municipal corporation. Id.267 Md. at 90-91 [296 A.2d 692 ], Article 28, Section 1-101, states that MNCPPC is a body corporate, and an agency. Having failed to establish that it was a party or aggrieved, MNCPPC does not have the statutory right to appeal.
We agree with the conclusion reached by the circuit court, but not with all of that court’s reasoning. The trial judge’s
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reliance on
Md.-Nat'l Cap. P. & P. v. Mont. Co.
is misplaced. As here, that case involved a determination of whether the Commission had standing to appeal to the circuit court from a decision of the Board of Appeals. We rejected the appeal in part because a statute relied on by the Commission to establish its right to appeal required the Commission to prove that it was a political subdivision. We found that the Commission “possesses none of the characteristics which mark a ‘political subdivision,’ ”
The fact that the Commission had not appeared as a party in that case does not preclude it from establishing that it appeared as a party in this case. That is a determination which must be made based on the facts of each individual case, and any previous decisions in other cases have no bearing on it. The Commission argues that in the case before us it was a party to the proceedings before the Board of Appeals because it appeared as a party, was referred to as a party, subpoenaed witnesses, introduced exhibits which were accepted into evidence, and examined and cross-examined witnesses.
5
In support of that position, the Commission relies on
Morris v. Howard Res. & Dev. Corp.,
Bearing in mind that the format for proceedings before administrative agencies is intentionally designed to be informal so as to encourage citizen participation, we think that absent a reasonable agency or other regulation providing for a more formal method of becoming a party, anyone clearly identifying himself to the agency for the record as having an interest in the outcome of the matter being considered by that agency, thereby becomes a party to the proceedings.
Id.
Morris
and other cases of this Court indicate that the threshold for establishing oneself as a party before an administrative agency is indeed low. Although we have said that one’s presence at the hearing and testimony in favor of an asserted position is sufficient,
id.,
we have also said that personal appearance and testimony at the hearing are not required.
Hertelendy v. Montgomery Cty.,
Applying those relatively lenient standards, we find that the Commission’s participation in this matter, which included subpoenaing witnesses, introducing exhibits, and examining and cross-examining witnesses, is sufficient to confer party status. Moreover, the Commission was considered by the Board of Appeals throughout the proceedings to be a party.
Establishing the Commission’s status as a party to the proceedings before the Board of Appeals completes only half of the required analysis; the Commission must also be aggrieved by the Board’s decision in order to have standing to appeal. The rule for determining who is aggrieved in administrative appeals is well settled. In
Dubay v. Crane, supra,
In zoning cases, the rule in this State is that for a person [6] to be aggrieved by an adverse decision of the administrative agency, and thus entitled to appeal to the courts, the decision must not only affect a matter in which the protestant has a specific interest or property right but his interest therein must be such that he is personally and specially affected in a way different from that suffered by the public generally.
*12 (Emphasis added.) The Commission argues that, although its particular interest in the subject matter of this litigation is not “different from that suffered by the public generally,” id, its interest “affects the public generally.” Although we do not disagree with that assertion, it is legally insufficient to render the Commission “aggrieved.”
We discussed what it means to be aggrieved in
Subsequent Injury Fund v. Pack, supra,
[Tjhere is a very real distinction between being aggrieved by a decision, and having a status cognizable in law as able to present a grievance. The zoning board of Baltimore City, unquestionably, is a legal entity, yet, it suffers nothing by a decision overruling its orders. By contrast, the Fund suffers a very real loss, but its right to appeal, and thus its existence as a legal entity, has not been formulated by the Legislature.
(Citation omitted.) (Emphasis in original.) The “very real loss” suffered by the Fund in that case consisted of money; the Workmen’s Compensation Commission, the agency in question, had the authority to compel the Fund to compensate a claimant. Thus, because the Fund had an actual monetary interest in the agency decision, we determined that the Fund, despite its own status as an agency, could be “aggrieved.”
See also Real Estate Comm’n v. Johnson,
There is no such interest at. stake here. The Commission will not suffer any property loss, or be compelled to act based on the Board’s decision. The only possible injury is the arguable indignity of having a recommendation rejected. This does not amount to being “aggrieved” as that term was used in Dubay and Subsequent Injury Fund.
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An agency may maintain an appeal in those cases involving the agency’s role in protecting the public interest. For example, in
Consumer Protection v. Consumer Pub.,
In this case, the Commission has no power to issue or deny a building permit, nor has it been granted enforcement responsibilities in connection with building permits. Its function is to provide information and make recommendations to the County agency that does issue or deny building permits. The Commission admitted before the Board of Appeals that it “only makes a recommendation [regarding a building permit application] which DER may or may not follow.” As the trial *14 court found, the Commission in this function is merely an advisory body; it does not make decisions. The County, not the Commission, has been given the power to enforce building permit requirements. Maryland Code (1957, 1990 Repl.Vol.) Art. 28, § 8-120. 7
Accordingly, we hold that even though the Commission was a party to the proceedings before the Board of Appeals, it was in no way aggrieved by the Board’s decision. It has not suffered any monetary loss, and, by its own admission, has no special personal interest at stake. The only interest asserted does not differ from that of the public in general.
JUDGMENT OF THE CIRCUIT COURT FOR PRINCE GEORGE’S COUNTY AFFIRMED, WITH COSTS.
Notes
. Prince George’s County Code (1987, 1990 Supp.) § 27-255.
. Maryland Code (1957, 1990 Repl.Vol.) Art. 28, § 7-111 provides in part that “[t]he members of the Commission appointed by the governing bodies of each county are designated the Montgomeiy County planning board and the Prince George's County planning board, respectively." That statute grants to the planning boards exclusive jurisdiction in some matters pertaining to their respective counties, confers concurrent authority with the Commission with respect to certain other matters, and further provides that the boards may exercise other delegated or assigned authority under certain circumstances.
. According to the Planning Board, the lot in question was zoned partly for commercial and partly for residential use. Because the office building the Smiths planned to construct would violate the residential classification, the Planning Board recommended denial of the permit application. The genesis of the zoning classification problem dates to a time when the subject lot was part of a larger parcel. A portion of that parcel was in a commercial zone, and the balance was in a residential zone. In 1987 or 1988, the Smiths subdivided the parcel into two lots, apparently intending that the dividing line would be identical to the zoning division line. The Commission initially refused to approve the subdivision, but was required to accept it when the Smiths successfully appealed the Commission’s denial to the Circuit Court for Prince George’s County. No appeal was taken from that decision, and the subdivision was recorded. When the present application for a building permit was filed for the lot intended to reflect the commercial zoning classification, the Board declined to recommend approval on the basis *6 that the subdivision line was not in fact coterminous with the zoning line, the result being that a small portion of the lot in question remained in a residential zone. The Smiths dispute the Board’s interpretation of the zoning and subdivision maps, and contend that the lot in question is entirely within the required commercial zone.
. The parties, the Board of Appeals, and the lower court have referred to the Commission and the Planning Board interchangeably. Thus, when the Planning Board declined to give its approval to the issuance of the building permit, this action was uniformly referred to as the action of the Commission. This Court has in the past referred to the Planning Board as a "segment of the Commission."
Md.-Nat'l Cap. P. & P. v. Mont. Co.,
. The Smiths concede the Commission’s presence at the hearing, but maintain that it appeared merely to explain its recommendation of denial, rather than as an interested party.
6. The Smiths also briefly argue, based upon our holding in
Subsequent Injury Fund v. Pack, supra,
. The statute reads, in relevant part:
(b) In Prince George’s County, the construction, reconstruction, erection, structural alteration, or use of any building or other structure in violation of the building code of Prince George’s County as authorized by this article or by Article 25A of the Code, or the use of land or premises in violation of any of the provisions of this title, or of any decision made under this title, or of any zoning text amendment adopted under this title, is a misdemeanor. The willful issuance of a building, use, and occupancy or any other permit in violation of any such provision or decision is a misdemeanor. Prince George’s County or the State's Attorney of Prince George’s County may prosecute any violation.
