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Session Laws, 1974
Volume 713, Page 3174   View pdf image
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3174                                                VETOES

hypothetical bill passed by the General Assembly
purporting only to permit and prohibit certain uses on a
particular piece of property in the center of Anne
Arundel County. There is on question but that land in
Anne Arundel County is used and developed not only by
residents of Anne Arundel County, but by persons and
organizations from outside the county, and in this sense
any specific land use bill passed by the General Assembly
and pertaining only to land in Anne Arundel County could
be said to not be limited to Anne Arundel County in its
effect. If this result were to obtain, then the General
Assembly would be free to, in effect, zone any individual
parcel of land in any charter county under the theory
that such bills constitute public general laws. In this
context, the following observation of the Court of
Appeals in Montgomery Citizens League v. Greenhalgh, 253
Md. 151, at 160 is worthy of note:

"... The purpose and intent of the legislature in
supplying the implementation called for by Art. XI—A
by the passage of the express powers act was to take
from the legislature and give to the County the
exclusive power to enact local laws, and the reasons
for this delegation of power, commonly called home
rule, were first to see as far as possible the log
jam of unacted on measures in the late days of the
legislative session in Annapolis which had caused
passage of laws that had not received careful
scrutiny or due consideration and, second, to permit
local legislation to be enacted solely by those
directly affected by it without interference from
representatives of other sections of the State.
Scull... [v. Montgomery Citizens League, 219 Md.
271, 274, 239A. 2d 92, 94 (1968).]

Without attempting to discuss the complete
implications of the Dasch decision and the limitations on
the principle of extra—territorial effect enunciated
therein, we believe that House Bill 1785 can be readily
distinguished from the legislation considered by the
Court of Appeals in Dasch on the grounds that any
extra—territorial effect is too speculative, limited and
indirect in its relationship to the nature and thrust of
the legislation.

The kind of extra-territorial impact which   could

arguably be said to occur as the result of House     Bill

1785 might be generally placed in the following   three
categories:

1. For a period of one year, persons and
organizations outside of Anne Arundel County would
not be able to use as yet unutilized land and
buildings in Anne Arundel County for any of the
prohibited purposes.

 

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Session Laws, 1974
Volume 713, Page 3174   View pdf image
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