Montgomery County v. Anchor Inn Seafood Restaurant, 374 Md. 327

Summary

The Maryland Court of Appeals held invalid a Montgomery County regulation prohibiting smoking in eating and drinking establishments, except private clubs. The court concluded that under Maryland law the governing body and Board of Health for Montgomery County consisted of the County Council and County Executive together, so the County Council lacked authority to adopt the regulation acting alone.

Holdings

1. In a charter county with both a County Executive and County Council, the term governing body means the County Executive and County Council together. Because Montgomery County had not established a separate Board of Health, that combined body constituted the local Board of Health, and the Council acting alone lacked authority to adopt Resolution 14-70.

Questions Presented

1. Whether the Montgomery County Council, acting without the County Executive, had authority under Maryland law to act as the county Board of Health and adopt Resolution 14-70.
2. Whether Resolution 14-70 was valid when adopted by the Council alone rather than by the County's governing body consisting of the Council and County Executive together.

Disposition

affirmed