Precision Small Engines, Inc. v. City College ParkAnnotate this Case
The memorandum of understanding (MOU) between Prince George’s County and the City of College Park, a municipality within the County, did not alter the City’s authority to enforce zoning violations within the limits of its municipality and permitted the City to require additional permits under the City building code.
Petitioners, a tenant to certain property and the property’s owners, challenged citations issued by the City after Petitioners failed to obtain required City permits. Petitioners sought a declaration that the terms of the MOU restricted the City from requiring City non-residential occupancy or building permits where occupants previously obtained building permits from the County. The circuit court concluded that the MOU restricted the City from requiring additional permits under the City building code where use and occupancy permits had previously been granted by the County. The Court of Special Appeals reversed. The Court of Appeals affirmed, holding that the MOU only controlled power that the County delegated to the City and did not limit the City’s power to enact additional ordinances.