Description: Challenge of approval of update to a master plan, including for failure to assess impact on greenhouse gas emissions.
Bennett v. Montgomery County
Filing Date Type File Action Taken Summary 09/03/2019 Opinion Download Circuit court judgment vacated and case remand with instructions to dismiss complaint. Maryland Appellate Court Said Residents Lacked Standing to Challenge Update to Master Plan. The Maryland Court of Special Appeals ruled that a group of residents did not have standing to bring claims challenging a District Council’s approval of an update to a master plan for a portion of Montgomery County. The residents alleged, among other things, that approval of the plan was illegal and ultra vires because the plan’s potential impact on greenhouse gas emissions had not been assessed, as required by County law. The court concluded that “property owner standing” was not a basis to challenge the plan, which was a “comprehensive zoning” action, and that the residents failed to plead facts supporting taxpayer standing.