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MALCOLM BURKE v. CELIA MARTIN, et al.

Real property — County code — Fencing and landscaping

In 2018, Malcom Burke, appellant, filed a complaint for declaratory and injunctive relief against Celia and John Martin, appellees, in the Circuit Court for Montgomery County. Specifically, Mr. Burke asked the court to declare that the Martins were violating the Montgomery County Code by maintaining fencing and landscaping in a right-of-way and to issue an injunction requiring them remove that fencing and landscaping. On July 31, 2019, the court entered an order dismissing the complaint, finding that Mr. Burke lacked standing to seek a declaratory judgment and that his claim for injunctive relief was moot in light of the fact that the Montgomery County Department of Permitting Services had issued a permit to the Martins allowing them to maintain, repair, or replace the fencing and landscaping.

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