County Attorney Opinions
The opinions that appear on this website were selected for publication
based on the extent of the research and analysis contained in the opinons,
the probability that the issue may recur, or the opinion's value for legislative
history purposes. Some of the opinions originally were designated as privileged
and confidential, but have since become public. For opinions issued between
1990 and 2005, it is available in the American Legal web site.
Motor Vehicles -- preemption -- traffic. Discussion of State law and County
regulations governing the authority of the County to prohibit through
traffic on certain roads.
Water and Sewer -- moratorium -- preemption. Temporary moratorium on use
of sand mounds for on-site sewage disposal conflicts with State law.
Condominium conversions -- moderately priced dwelling units -- rights
of first refusal. Analysis of the interplay between the Maryland Condominium
Act and Chapter 25A of the Montgomery County Code, as implemented by COMCOR,
Annexation -- Crown Farm. Discussion of whether the annexation of the
Crown Farm by the City of Gaithersburg complies with the requirements
of Article 23A in the Maryland Code.
Charter -- appointments -- termination. Discussion of the County Executive's
ability to delegate to the Chief Administrative Officer the authority
to terminate an appointed official.
Development districts -- citizens advisory committee -- timing. The County
Code does not identify or limit the sources of information that the County
Executive may consider to prepare the Executive Fiscal Report, and the
Executive may obtain the recommendations of a citizens advisory committee
as one of the sources.
Montgomery County Charter, Section 305 -- interest and penalties -- real
property tax. Analysis of whether the charter provision that limits revenue
to the total produced by the tax on real property in the preceding fiscal
year includes interest and penalties collected on delinquent taxes in
the preceding fiscal year.