IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY, MARYLAND DEVIN BATTLEY and LINDBERGH PARK OWNERS ASSOCIATION, INC., Petitioners, FOR JUDICIAL REVIEW OF THE DECISION OF Case No. 426602-V THE BOARD OF APPEALS FOR MONTGOMERY COUNTY IN THE CASE OF DEVIN BATTLE etal Case No, A-6498 ORDER Upon consideration of the Petitioners' Appeal of Devin Batley et al., Montgomery County Board of Appeals Case No, A-6498 (October 10, 2016), in which the Montgomery County Board of Appeals granted Montgomery County's Motion for Summary Disposition, the opposition thereto, and the judicial review hearing before this Court on April 20, 2017, this Court finds that the Board of Appeals made an erroneous conclusion of law by conflating the statutory meaning of “stormwater management system” found in Montgomery County Code section 19- 35(e)(1) to equate with only the stormwater management ponds on the properties at issue in this case, The relevant Code section mandates credits for property owners who have “stormwater management systems” and not the narrower “stormwater management facilities,” which the -Y Council could have so codified had that been their intent, Therefore, itis hereby this_> ¢/ day of foal 2017: ENTERED APR 2.5 2017 Clerk of the Circuit Court Montgomery County, Ma.ORDERED that the Montgomery County Board of Appeals grant of the Montgomery County's Motion for Summary Disposition in the Appeal of Devin Battley et al., Case No. A- 6498 is hereby REVERSED, and the Appeal is hereby REMANDED to the Board of Appeals for Montgomery County for a full hearing consistent with this Order. Judge Rotkla’B. Rubin Montgomery County Circuit Court ENTERED APR 25 2017 of the Cireult Court Ge ory Coury.