Md. High Court: Local Governments Limited to Authority Granted By State

By Frank JohnsonDeputy City Attorney, City of Gaithersburg The Maryland Constitution specifies that all local governments – including municipalities, charter counties, code counties, and commissioner counties – are subject to any limitations imposed by the State. Article 11-A, Section 3, specifies that state law prevails in any conflict with local law, and Section 6 furtherContinue reading “Md. High Court: Local Governments Limited to Authority Granted By State”

Takings Clause reach expands to limit land use and zoning regulation

By Frank JohnsonDeputy City Attorney, City of Gaithersburg The ability to control land use and zoning is a critical authority of state and local government, in Maryland and otherwise. The MSBA State and Local Government Law section, prior to its May 26 annual business meeting, hosted a presentation about the impact of the Fifth Amendment’sContinue reading “Takings Clause reach expands to limit land use and zoning regulation”