Maryland-National Capital Park & Planning Commission v. Town of Washington Grove

Bell, C.J. Harrell Greene Murphy Adkins Barbera Eldridge, John C. (Retired, specially assigned), JJ. Opinion This fracas over lebensraum is essentially between the Maryland-National Capital Park and Planning Commission (""MNCPPC""), an agency of the State of Maryland exercising ""planning"" and ""park"" functions in most of Montgomery and Prince George's Counties, Md. Code, Art. 28 (1957, 2003 Repl. Vol. & Supp. 2008), and the Town of Washington Grove (""Town""), a municipal corporation located in Montgomery County. They joust here over the right to possess a parcel of real property adjacent to a boundary of the Town of Washington Grove. The MNCPPC posits its claim to the property on a purported ""Legacy Open Space"" (""LOS"") dedication from the current owner of the parcel, Toll MD II, LLC (""Toll""), as part of Toll's subdivision development proposal for a tract of which the parcel is a part. The Town proposes to acquire the property by condemnation.