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Office of the County Attorney


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.

2/15/2006 Motor Vehicles -- preemption -- traffic. Discussion of State law and County regulations governing the authority of the County to prohibit through traffic on certain roads.

3/27/2006 Water and Sewer -- moratorium -- preemption. Temporary moratorium on use of sand mounds for on-site sewage disposal conflicts with State law.

4/5/2006 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, Section 25A.00.02-2.3.

4/10/2006 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.

4/10/2006 Charter -- appointments -- termination. Discussion of the County Executive's ability to delegate to the Chief Administrative Officer the authority to terminate an appointed official.

4/12/2006 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.

6/20/2006 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.

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