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The Climate Litigation Database

Bennett v. Montgomery County

Geography
Year
2016
Document Type
Litigation
Part of

About this case

Filing year
2016
Status
Circuit court judgment vacated and case remand with instructions to dismiss complaint.
Docket number
302
Court/admin entity
United StatesState CourtsMaryland Court of Special Appeals (Md. Ct. Spec. App.)
Case category
State Law Claims (US)Other Types of State Law Cases (US)
Principal law
United States
At issue
Challenge of approval of update to a master plan, including for failure to assess impact on greenhouse gas emissions.
Topics
, ,

Documents

Filing Date
Document
Type
Topics 
Beta
09/03/2019
Circuit court judgment vacated and case remand with instructions to dismiss complaint.
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.
Decision

Summary

Challenge of approval of update to a master plan, including for failure to assess impact on greenhouse gas emissions.

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Group
Topics
Policy instrument
Impacted group
Just transition
Greenhouse gas
Economic sector
Finance