Prince George County v. Ray's Used Cars (Ct. of Appeals)

Filed May 4, 2003--Opinion by Judge John Eldridge.

This case concerns a challenge to the constitutionality of a zoning ordinance establishing the minimum lot size of 25,000 square feet for used motor vehicle, mobile home or camping trailer sales lots. The dispositive issue in the case, however, is whether the ordinance's challengers were first required to invoke and exhaust administrative remedies. The petitioner, Prince George's County, argues that a judicial determination of the constitutionality of the zoning ordinance is premature because the respondent used car dealers failed to invoke and exhaust their administrative remedies. The respondents claim that pursuit and exhaustion of administrative remedies were not required in this case and that the zoning ordinance is unconstitutional on the ground that it violates due process and equal protection principles.

The Court held that the respondent used car dealers were required to invoke and exhaust administrative remedies prior to obtaining judicial review.

The full opinion is available in PDF.