Town of Forest Heights v. Maryland National Capital Park & Planning CommissionAnnotate this Case
The Court of Appeals held that a proposed municipal annexation that encompassed an area consisting entirely of tax-exempt properties did not require consent from the owners of such properties pursuant to Md. Code Ann. Loc. Gov't (LG) 4-403(b)(2) and that an proposed annexation plan did not attempt to usurp law enforcement jurisdiction over certain lands contained within the proposed annexation area that were owned and managed by Maryland—National Capital Park and Planning Commission (MNCPPC).
The circuit court invalidated two resolutions of the Town of Forest Heights that, collectively, annexed into the Town 737 acres of land. All of the annexed lands were tax-exempt, and the owners of the lands were not required to provide their consents to the annexation. The Court of Appeals reversed, holding (1) the twenty-five percent property owner consent requirement of LG 4-403(b)(2) does not encompass tax-exempt property owners; and (2) the language contained within the annexation plan was appropriately conditioned so as to avoid any usurpation of law enforcement jurisdiction over properties owned and managed by MNCPPC.