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COUNTY COUNCIL v. BILLINGS

No. 46, September Term, 2010.

21 A.3d 1065 (2011)

420 Md. 84

COUNTY COUNCIL OF PRINCE GEORGE'S COUNTY, Maryland, Sitting as the District Council, et al. v. Dedra BILLINGS, et al.

Court of Appeals of Maryland.

June 20, 2011.

Attorney(s) appearing for the Case

Steven M. Gilbert , Principal Counsel (Office of County Council, Upper Marlboro, MD), on brief, for Petitioners.

Matthew C. Tedesco ( Daniel F. Lynch of Knight, Manzi, Nussbaum & LaPlaca, P.A., Upper Marlboro, MD), on brief, for Petitioners.

Michael M. Hethmon , Upper Marlboro, MD, for Respondents.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS, and BARBERA, JJ.

ADKINS, J.

In this case, we must consider an administrative appeals board's practice of "withdrawing an election to review." The District Council of Prince George's County may, on its own initiative, "elect to review" certain local land use decisions. In practice, the Council sometimes, after electing to review a decision, "withdraws" its election and declares final the agency decisions. By doing so, the Council is essentially deciding not to decide. We must...

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