Montgomery County, MD Big-Box Bill Is Unconstitutional, County Attorney Says

The top attorney for the Montgomery County government said Monday that a bill proposing limits on big-box stores is unconstitutional.

Issued by County Attorney Marc Hansen, the opinion is likely to stir more debate over the big-box legislation, which was introduced as Wal-Mart was rolling out plans for a significant expansion in Montgomery.

Under the law, all large big-box stores, including Wal-Mart, would be required to meet with community groups and try to negotiate agreements on subjects such as wages, benefits and environmental issues.

Since it was introduced by County Council President Valerie Ervin (D-Silver Spring), the legislation has drawn the ire of big businesses and chambers of commerce, which say that the bill unnecessarily complicates the zoning process. But it also drew support from labor leaders and small-business owners, who say the bill could protect small businesses.

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