Five Miller, Miller & Canby Attorneys Named 2019 Maryland Super Lawyers


Miller, Miller & Canby is proud to announce the following five attorneys have been named to the 2019 list of Super Lawyers for the State of Maryland:  James Thompson, Jody Kline, Donna McBride, Diane Feuerherd and Callie Carnemark. Mr. Thompson has been named to the prestigious list every year since 2007, Mr. Kline every year since 2008 and Ms. McBride every year since 2014. Ms. Feuerherd and Ms. Carnemark are named to the “Rising Stars”, recognition for attorneys under the age of 40.
 
James (Jim) Thompson
has led Miller, Miller & Canby's Litigation Group for more than 25 years, concentrating his practice in eminent domain and real estate valuation litigation, as well as in property tax assessment appeals. For more than a decade, Mr. Thompson represented Maryland in the Owners’ Counsel of America, a national network of property rights attorneys with demonstrated excellence in this area. In 2018, Mr. Thompson was recognized with the President's Citation for Outstanding Service by the Montgomery County Bar Association. He was also selected as the Senior Lawyer of the Year by the Maryland State Bar Association.

Jody Kline
has been at the forefront of Miller, Miller & Canby’s Land Development department since 1981, focusing his practice in land use, zoning and subdivision law and representing clients in many of Montgomery County’s planning and economic development initiatives. In addition to zoning and subdivision law, he represents clients in matters related to master planning, zoning text amendments, conditional use permits, building permit issuance, and other administrative and real estate matters related to land use and development.

Donna McBride
, a partner in Miller, Miller & Canby's Litigation practice, focuses her practice in litigation in the following areas:  business and commercial, employment, estates and trusts, personal injury and insurance, and real estate.  In addition to her extensive background as a trial lawyer, Ms. McBride is a co-chair of the Maryland State Bar Association’s Judicial Selections Committee and is a member of the Standing Committee on Practice and Procedures, where she was appointed to serve a second 5-year term beginning in 2018. She is also a member of the Trial Court's Judicial Nominating Commission, the Montgomery County Inn of Court, a former co-chair and current member of the Maryland State Bar Association's Judicial Selections Committee and has volunteered as a mediator for the District Court since 2008. In 2018, she was elected to serve as Treasurer for the Montgomery County Bar Association.

Diane Feuerherd
is an associate in the firm’s Litigation practice. She has briefed and successfully argued cases before the Court of Special Appeals and the Court of Appeals, including a notable representation of a commercial developer challenging the validity of Montgomery County’s Rain Tax.  Ms. Feuerherd is active in state and local bar associations, including:  the Maryland State Bar Association, where she was named a Fellow of the prestigious Leadership Academy and now serves on the Judicial Appointments Committee; the Bar Association of Montgomery County; and the Montgomery County Inns of Court. In 2016, she was appointed to a social media workgroup for the Judicial Council, which is a policy advisory body to the Maryland Judiciary. She has also worked with the Finding Justice Project, a committee of the Women's Bar Association Foundation, to research and memorialize the history of women lawyers. 2019 is the fourth year in a row that she has been recognized as a Super Lawyers Rising Star.

Callie Carnemark
is an associate with the Litigation Practice Group, focusing her practice on real estate and business litigation as well as the firm’s appellate practice. She is a member of the Montgomery County Inns of Court, the Montgomery County Bar Association, the Maryland State Bar Association and the Montgomery County Women’s Bar Association. She is a graduate of the 2017 Class of the Montgomery County Bar Association Leadership Academy. 2019 is the first year Ms. Carnemark is being honored as a Super Lawyers Rising Star.

These five attorneys join other Miller, Miller & Canby attorneys previously named Super Lawyers including Joe Suntum, who practices in the field of eminent domain and commercial litigation, and Pat McKeever, whose practice focuses in real estate law.

Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement

The annual selections are made using a patented multiphase process that includes:
•    Peer nominations
•    Independent research by Super Lawyers
•    Evaluations from a highly credentialed panel of attorneys

The objective of Super Lawyers is to create a credible, comprehensive and diverse listing of exceptional attorneys to be used as a resource for both referring attorneys and consumers seeking legal counsel. The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country, as well as the Maryland Super Lawyers Digital Magazine.

Learn more about Miller, Miller & Canby by visiting millermillercanby.com
 





Montgomery County Council Defers Action on Proposed Small Cell Tower Bill


On October 30, 2018 the Montgomery Council deferred action on Zoning Text Amendment (ZTA) 18-11, Telecommunications Towers – Approval Standards.

Current Montgomery County Zoning Requirement
Montgomery County requires cell towers be at least 300 feet from residential areas. Carriers and wireless infrastructure companies seek an update to the county’s 1990s-era zoning regulations that were aimed at tall, macro sized towers (e.g. 100 feet tall).

Why Montgomery County Needs to Address Small Cells and 5G Wireless
A new September 2018 FCC order takes significant steps toward facilitating small cell deployment and 5G wireless. Click here to view the MM&C blog article on the new FCC Order. State and local municipalities are scrambling to enact legislation to place boundaries on small cell zoning and protect residential communities. Many state and local municipalities are suing the FCC because they believe the order preempts their ability to regulate the placement of small cell facilities. Wireless carriers are also suing the FCC, as they believe the FCC Order did not go far enough to cut regulations and expand the much needed 5G Infrastructure.

According to Council President Hans Riemer, “We need to support the future of wireless while balancing the impact it will have on our communities. The zoning measure that I supported, ZTA 18-11, accomplished both these goals.”

The Montgomery County Council has been working to address the future of wireless infrastructure in Montgomery County over the past few years. The telecommunications industry is running out of capacity on wireless networks in the County due to growing demand and they need to place antennas all over and especially at the street level to meet customer service and capacity demand in and around residential neighborhoods. 5G Infrastructure requires a significant increase in antennas at the street level, as well as on tall existing structures, such as towers, buildings, and water tanks.

Small Cell Antennas are a Key Component of 5G
According to T-Mobile’s website, small cell antennas and distributed network connections are lower power than traditional cell sites, and can handle large quantities of data – as well as large numbers of users. Because they are smaller than traditional cell sites, their antennas and radios can be located closer to the mobile device user. This is key to enhancing a customer’s mobile experience – whether they are texting, sending pictures, streaming live video, or calling 911.  Small cells and DAS (Distributed Antenna System) can help improve coverage, especially in hard to reach locations where man-made and natural obstacles to radio waves occur. They target areas with spotty coverage and enable stronger cellular signals. Small cells also help offload capacity challenges that the networks are facing due to significant wireless usage, especially data usage (non-traditional telephone uses such as searching the internet, watching movies, etc.) by customers. A trade off of this smaller equipment on lower structures being placed closer to the residential customer is that the wireless signal does not travel very far from the antennae location and much less than when placed on a taller, macro site location, which necessitates more structures placed closer together.

Montgomery County Council Legislation
The Council successfully established rules for small cell antennas in Montgomery County commercial areas earlier this year. Bill ZTA 18-11 addressed small cell antennas in residential areas. “Unfortunately amendments were introduced that essentially sought to obstruct deployment of wireless infrastructure in the future. This was a real concern because many people want to have good wireless coverage in their neighborhoods, whether to use devices for entertainment and communication, or to call 911, or to work from home, you name it. Our County needs to embrace wireless infrastructure, just as we embrace water, power, and transportation infrastructure”, said Hans Riemer.  To read Council President, Hans Riemer’s full statement, click here.

MM&C Telecommunications Attorney, Sean Hughes said “ZTA 18-11 wasn’t a viable solution for small cell zoning in order to provide consumers with the enhanced state of the art wireless connectivity they desire. It would essentially require a conditional use for any small cell short telephone or light pole replacements (e.g. 20-30 feet high) in a residential zone; which is the same process as requesting a traditional macro cell tower site (above 100 feet high).”

In a statement from Montgomery County Executive Ike Leggett, he said “I am very disappointed that the County Council has withdrawn the proposed Small Cell Tower bill from consideration. We have failed to adequately protect our communities and neighborhoods. We now run a much greater risk of the State – and federal government – preempting any local say on the terms and conditions of small cell tower placement in our neighborhoods.”

Rather than approve a bad bill that would set Montgomery County back and invite State and Federal pre-emption, Council President Reimer pulled the legislation. He will work with the newly elected Montgomery County Council in 2019 to revise Bill ZTA 18-11.

The telecommunications land use attorneys at Miller, Miller & Canby are experienced and entrenched in Maryland, D.C. and Virginia’s 5G Wireless and Small Cells Zoning. Our telecommunications, zoning attorneys and real estate attorneys are closely monitoring the impacts of the FCC order and the efforts of local legislatures to craft small cell legislation in order to be able to advise telecommunications carriers and potential landlords.

Sean P. Hughes
is an attorney in Miller, Miller & Canby’s Land Use practice group. His career spans more than two decades of focus in legal and wireless telecommunications and he has represented clients in land use and zoning matters throughout the Mid-Atlantic.  To learn more about the firm’s Land Use and Zoning practice, click here.

Cathy Borten
is an associate in Miller, Miller & Canby’s real estate practice group. She focuses in commercial real estate transactions and leasing, real estate litigation, land use and zoning and commercial financings and settlements. Cathy has over 10 years' experience in leasing, land use and zoning in the wireless telecommunications industry. Cathy also participated in the drafting of the Montgomery County and City of Gaithersburg original small cell ordinances. To learn more about the firm’s Real Estate practice, click here.





FCC Pushes 5G Order to Streamline Deployment of Next Generation Wireless Infrastructure


On Sept 5, 2018 the Federal Communications Commission (FCC) pushed an order to streamline small cell siting. The Commission’s Order states: To meet rapidly increasing demand for wireless services and prepare our national infrastructure for 5G, providers must deploy infrastructure at significantly more locations using new, small cell facilities. Building upon streamlining actions already taken by state and local governments, this Declaratory Ruling and Third Report and Order is part of a national strategy to promote the timely buildout of this new infrastructure across the country by eliminating regulatory impediments that unnecessarily add delays and costs to bringing advanced wireless services to the public.

The Commission’s order limits the fees localities can charge for reviewing small cells in a public Right-of-Way, sets shot clocks on those reviews, and affirms local governments can apply reasonable aesthetic considerations. The order raised concerns, as many localities say the order will deny them the right to effectively govern small cell placement in a ROW.

During the vote, FCC Chairman Ajit Pai stressed how he and Commissioner Brendan Carr, made it a point to discuss the draft order with local governments to get their input. Carr said the order ensures, “No city is subsidizing 5G.” Carr stressed that economists believe the changes will save $8,000 per deployment of each small cell, money that could help bring 5G deployments to more places.

If the U.S. doesn’t act to ease such deployment, other countries will, Carr said. China “wants to lead the tech sector for the next decade. They are moving aggressively to deploy the infrastructure needed for 5G. Everyday, China is deploying 460 cell sites. That is 12 times our pace.”

Click here
to read the FCC order.  The map below indicates in blue the states where a small cell bill has been enacted. Please note, Maryland does not currently have a small cell bill. 

Local jurisdictions in Maryland, including Montgomery County are reviewing how they will handle the FCC Order.

“The FCC order takes significant steps toward facilitating small cell deployment and 5G wireless.  Since Maryland has failed to pass any legislation addressing small cells, and Montgomery County recently failed to pass legislation that would allow small cells in residential areas, it will be interesting to see what impact the FCC order has locally”, says MM&C Real Estate Attorney, Cathy Borten.

Montgomery County may join other Washington metropolitan jurisdictions in filing an appeal of the FCC small cells order that set timetables for localities to make siting decisions and capped application fees. “We plan to argue that the FCC has significantly overreached and is seeking to remove local control,” said Montgomery County Council President Hans Riemer (D-At Large). Riemer has said he hopes the council can agree on new county regulations before the FCC order takes effect in January. “I think it would help make the case that local governments can be relied upon to make changes for wireless technology,” Riemer told The Washington Post.

The telecommunications land use attorneys at Miller, Miller & Canby are experienced and entrenched in Maryland, D.C. and Virginia’s 5G Wireless and Small Cells Zoning. Our telecommunications, zoning, land use and real estate attorneys are closely monitoring the impacts of the FCC order and the efforts of local legislatures to craft small cell legislation in order to be able to advise telecommunications carriers and potential landlords.

Sean P. Hughes
is an attorney in Miller, Miller & Canby’s Land Use practice group. His career spans more than two decades of focus in legal and wireless telecommunications and he has represented clients in land use and zoning matters throughout the Mid-Atlantic.  To learn more about the firm’s Land Use and Zoning practice, contact Sean on 301-762-5212.

Cathy Borten
is an associate in Miller, Miller & Canby’s real estate practice group. She focuses in commercial real estate transactions and leasing, real estate litigation, land use and zoning and commercial financings and settlements. Cathy has over 10 years' experience in leasing, land use and zoning in the wireless telecommunications industry. Cathy also participated in the drafting of the Montgomery County and City of Gaithersburg original small cell ordinances. To learn more about the firm’s Real Estate practice, contact Cathy on 301-762-5212.
 





MM&C Among the Sponsors of MDDCWA’s 10th Annual Golf Tournament; Donating $50,000 to Charity


The Maryland DC Wireless Association’s Tenth Annual Golf Tournament took place on September 20, 2018 at the Whiskey Creek Golf Club in Ijamsville, Maryland. It brought together members of the association, as well as friends, colleagues and community members for a relaxing day of golf in support of various worthy charities. Miller, Miller & Canby was a sponsor of this year’s event which donated $50,000 to charity.  

Miller, Miller & Canby’s Sean Hughes serves on the board for the Maryland DC Wireless Association and, along with other board members, is involved in testifying and providing key insight for policymakers concerning wireless legislative issues and amendments on the local, state and even federal level, as well as raising funds for charitable causes through events like its annual golf event. Sean played in a foursome with Bob Gough, MM&C Managing Partner and Real Estate Attorney, and two firm clients. Cathy Borten, MM&C Real Estate Attorney, volunteered at the golf tournament.

Each board member is able to direct a portion of the proceeds to a local charitable organization. Miller, Miller & Canby have directed their $5,000 portion to be shared equally to Ride Allegheny and Hopecam. Ride Allegheny is a 310 mile bike ride benefiting Operation Second Chance, which supports Veterans and their families’ immediate financial and emotional needs and interests.  Hopecam is a local charity that helps kids with cancer overcome the social isolation of cancer treatment by connecting with their friends and classmates through technology.

Sean Hughes
is a telecommunications attorney in Miller, Miller & Canby’s Land Use practice group. His career spans more than two decades of focus in legal and wireless telecommunications.  Cathy Borten is an associate in Miller, Miller & Canby’s real estate practice group. She focuses in commercial real estate transactions and leasing, real estate litigation, and commercial financings and settlements.
 
For more information about Miller, Miller & Canby’s Land Use practice, please click here or contact Sean Hughes or Cathy Borten at 301-762-5212. For more information about Miller, Miller & Canby’s Real Estate practice, please click here or contact Bob Gough at 301-762-5212.

Photo Credit: Mike Keller Photo

MM&C Real Estate Attorney, Cathy Borten and Barb Pivec from Calvert Crossland

 

MM&C Real Estate Attorney, Cathy Borten and Barb Pivec from Calvert Crossland.





MM&C Attorneys James Thompson and Jody Kline Honored for the 13th Year as Best Lawyers in America


Best Lawyers® released the 25th Edition of Best Lawyers in America on August 15, 2018. Miller, Miller & Canby’s Jim Thompson and Jody Kline have been recognized on the Best Lawyers list in their respective areas of practice every year since first being named in 2007. Mr. Thompson has been recognized for Eminent Domain and Condemnation Law and Mr. Kline for Land Use and Zoning Law. In 2013, Mr. Thompson was also named a “Best Lawyer of the Year” for his accomplishments. This prestigious award is a testament to their long-standing reputations for their individual legal abilities and professionalism.  

Jim Thompson has been a leader in Miller, Miller & Canby's Litigation Group for more than 35 years, concentrating his practice in eminent domain (with partner Joe Suntum) and in real estate valuation litigation, as well as in property tax assessment appeals (with partner Mike Campbell) and general civil litigation. For more than a decade, Mr. Thompson represented Maryland as the sole member in the Owners’ Counsel of America, a national network of property rights attorneys with demonstrated excellence in this area, focusing upon the representation of landowners in eminent domain litigation. Currently Mr. Suntum is the selected member for the state of Maryland. With Mr. Thompson’s breadth of legal experience, proven results, mature judgment, and tenured leadership within the judicial system and the bar, having served as president of the Maryland State Bar Association, he brings the ideal blend of proven trial experience and legal skill to client representations.

Jody Kline has led Miller, Miller & Canby’s Land Development department since 1981, focusing his practice in land use, zoning and subdivision law and representing clients in many of Montgomery County’s planning and economic development initiatives. In addition to zoning and subdivision law, he represents clients in matters related to master planning, zoning text amendments, conditional use permits, building permit issuance, and other administrative and real estate matters related to land use and development. His clients include residential and commercial developers, private individuals, religious institutions, private schools, non-profit entities and municipal corporations and agencies.

Best Lawyers® is the oldest and most respected attorney ranking service in the world. For more than 30 years, the organization as assisted those in need of legal services to identify the attorneys best qualified to represent them in distant jurisdictions or unfamiliar specialties. Best Lawyers lists are published in leading local, regional, and national publications across the globe.

For more information about Jim Thompson and Miller, Miller & Canby’s Eminent Domain and Condemnation Law practice click here or for information about Jody Kline and Miller, Miller & Canby's Land Use and Zoning Law practice click here. View the firm press release by clicking the Download button below.





Miller, Miller & Canby Sponsors Rockville Science Center Event with Dr. Temple Grandin


On September 7, the Rockville Science Center will be hosting a talk by Dr. Temple Grandin on the subject of “Understanding Animal Behavior and Autism”.  America's leading expert and educator in autism and animal psychology, Dr. Grandin will share her insights on these subjects while also addressing humane management and handling of animals as they interact with humans. She will elaborate on her concept of sensory-based thinking, which has created widespread interest among parents of children on the autism spectrum, research scientists, and physicians.  The event will be held at The Music Center at Strathmore in Rockville, Maryland at 7:30 p.m.

“We are proud to sponsor this important program featuring Dr. Grandin, whose work has changed our perceptions of autism and largely influenced understanding of animal behavior,” said Miller, Miller & Canby attorney Soo Lee-Cho, who is principal and co-chair of the firm’s Land Use group and has served on the Science Center’s Board of Trustees since 2009.  “We are also honored to support the important work of the Rockville Science Center in Montgomery County, as the organization strives to inspire interest in the principles of science and how they impact our communities,” she added.

Dr. Grandin is internationally renowned for her discoveries about cognition in the form of pictures and its application to autism in humans as well as to the study of animal behavior. She is highly regarded as a successful autistic individual who has written extensively on the subject of autism. Time magazine named her one of the 100 most influential people in the world in 2010. She has appeared on 20/20, 48 Hours, CNN, and 60 Minutes, and has also been featured in The New York Times, Forbes and U.S. News and World Report.

She has published numerous best-selling books, including Thinking in Pictures, Animals in Translation, Animals Make Us Human, The Autistic Brain: Thinking Across the Spectrum, and Emergence: Labeled Autistic.  

Dr. Grandin holds a B.A. in Psychology from Franklin Pierce College, an M.S. in Animal Science from Arizona State University, and a Ph.D. in Animal Science from the University of Illinois. She is currently Professor of Animal Science at Colorado State University in Fort Collins, Colorado.

Proceeds from this event will support the Rockville Science Center. To learn more about Rockville Science Center and the event click here. To purchase tickets click here.

Check out the WTOP Community Spotlight here.

About Miller, Miller & Canby
In 2016, Miller, Miller & Canby celebrated 70 years of serving the legal needs of metropolitan Washington, DC. As the oldest law firm in Montgomery County, MD, the firm recognizes that this milestone reflects the relationships built and maintained with our clients, friends and the business community, many spanning multiple generations. The firm maintains its focus on its core areas of practice: Land Development, Real Estate, Eminent Domain, Tax Appeals, Litigation, Business and Tax, and Trusts, Estates and Elder Law. Since the firm’s founding in 1946, land use and zoning law has been a critical component of the package of legal services that Miller, Miller & Canby has provided to clients. For more information on the firm’s land use and zoning practice, contact Soo Lee-Cho at 301.762.5212 or email.
 





MD DC Wireless Association Launches 2018 Speaker Series Luncheon on March 22


Miller, Miller & Canby’s Sean Hughes to moderate keynote speech of FCC Commissioner

As part of its annual Speaker Series, the Maryland-DC Wireless Association will hold a symposium luncheon on March 22 at Living Classroom’s Frederick Douglass-Isaac Myers Maritime Park in Baltimore. Over 150 attendees are expected to attend and Sean Hughes of Miller, Miller & Canby, a MD DC Wireless Association board member, will serve as moderator of a keynote speech and question and answer session.  Speakers will include:

Marc Ganzi, Executive Chairman of Vertical Bridge. Marc is the co-founder and Chief Executive Officer of Digital Bridge Holdings, LLC. He previously co-founded Global Tower Partners (GTP), an owner and operator of communications, real estate and related companies, where he played an instrumental role in building the business, which was ultimately sold in 2013 for over $4.8 billion.

Jennifer Fritzsche, Managing Director, Equity Research Group - Wells Fargo Securities. Jennifer is a top-ranked leader among 75 analysts in getting companies to meet clients via non-deal road shows. She lead a 3-member, award-winning research team as Senior Analyst covering the Telecommunications Services (Wired and Wireless), fiber, data centers and tower sectors. 

Brendan Carr, FCC Commissioner. Brendan was nominated to serve as a Commissioner of the FCC by President Donald J. Trump and was confirmed unanimously by the United States Senate on August 3, 2017. Commissioner Carr brings to the position over a dozen years of public and private sector experience in technology and communications law and policy.

Most recently, Commissioner Carr served as the General Counsel of the FCC. In that role, he served as the chief legal advisor to the Commission and FCC staff on all matters within the agency's jurisdiction. Previously, he served as the lead advisor to FCC Commissioner Ajit Pai on wireless, public safety, and international issues. Before that, he worked as an attorney in the FCC's Office of General Counsel, where he provided legal advice on a wide range of spectrum policy, competition, and public safety matters.

“The Speaker Series brings industry veterans together to identify issues and opportunities in wireless telecommunications,” said Sean Hughes, a telecommunications attorney in Miller, Miller & Canby’s Land Use practice and MDDCWA Board Member. “We are dedicated to advancing our industry and providing a productive and valuable platform for the exchange of ideas.”


Founded in 2007, the MDDCWA includes members who are involved with the deployment, operations and maintenance of wireless networks, including cell carriers, tower companies, A&E firms, surveyors, general contractors and others. Issues such as infrastructure, zoning and regulatory matters are key priorities for the organization. In 2017 the Association donated over $40,000 to charitable organizations.

Founded in Baltimore in 1985, Living Classrooms Foundation has grown into an educational and economic force that combines one of the city's most cherished assets - it’s beautiful and historic harbor - with some of its most overlooked - the thousands of bright, ambitious children and young adults who are struggling to succeed against terrible odds. What began with one program in one city has grown into dozens of programs across a region that now encompasses Washington, DC, Virginia, and Maryland.

To learn more about future association events, contact Sean Hughes, or visit the MDDCWA website.

Sean P. Hughes is an attorney in Miller, Miller & Canby’s Land Use practice group. His career spans more than two decades of focus in legal and wireless telecommunications and he has represented clients in land use and zoning matters throughout the Mid-Atlantic.  To learn more about the firm’s Land Use and Zoning practice, contact Sean.





Jody Kline Participates in University of Maryland Real Estate Development Program as Guest Lecturer


On Thursday, February 8, the University of Maryland’s Colvin Institute Real Estate Development Program hosted Miller, Miller & Canby’s land use and planning attorney Jody Kline. Mr. Kline addressed students in  “Introduction to the Principles, Practice and Process of Real Estate Development.” He was invited to speak by University of Maryland Professor Stephen Shapiro; Mr. Kline and Mr. Shapiro are both members in Lamda Alpha, an honorary land economics society.

The main objective of the comprehensive course is to provide a foundation for study of all aspects of real estate, to acquaint students with an overview of the real estate industry, including the development process, and to help students understand the roles of multiple parties, politics and citizens in real estate development.  The class also serves to help students understand how to analyze the development potential of real property sites.

In a lively question and answer discussion led by Professor Shapiro, Mr. Kline engaged with students representing a variety of different disciplines of study.  Drawing on his more than 45 years of experience in a successful land use and zoning practice, Mr. Kline brought valuable hands-on knowledge and perspectives to the students to help illustrate the concepts and skills they had been learning in the course.  Mr. Kline used real-world examples of several projects that have been impacted by zoning, in the context of discussing the personnel, processes and risks involved with the development of land.

Mr. Kline
has served as head of Miller, Miller & Canby’s Land Development practice group since 1981. He concentrates his practice in land use, zoning, and subdivision law.  During the course of his career, he has been involved in a number of important land development projects that have helped to shape Montgomery County. He has been featured as a Washingtonian Magazine “Top Lawyer”, and has also been named a Super Lawyer in the state of Maryland every year since 2008, as well as a recognized Best Lawyer for the past 11 consecutive years.  To learn more about Jody Kline  and Miller, Miller & Canby’s land development practice click here or contact Mr. Kline at 301.762.5212 or via email.

 





5G Wireless Telecommunications Driving Wireless Infrastructure Development in DMV


In the past several years, state and local governments nationwide have been under increased pressure to grant wireless infrastructure site approvals to expand wireless technology connectivity, in order to meet dramatically increasing consumer demand for better and faster service. In fact, the use of data (watching videos and television, searching the internet, sending photos, using social media, etc.) on mobile devices increased 42 percent from 2015 to 2016.  Sixty-one percent of mobile traffic consists of watching videos, and this is projected to grow to 77 percent by 2020.

The Effect on Local Municipalities
Montgomery County and the City of Gaithersburg are both currently reviewing how they will handle the growing number of requests from a land use perspective to place wireless antennas within their borders. In the past, the practice was to place antennas on the tallest buildings, towers and water tanks. As wireless technology is evolving, local governments are receiving more applications to deploy cell antennas on smaller structures in residential neighborhoods and commercial areas. Federal law does not allow local jurisdictions to enact zoning laws that would prohibit wireless service. Therefore, in Montgomery County and the City of Gaithersburg zoning text amendments (ZTAs) are being proposed to allow for practices that enhance optimal service, while regulating the nature of exactly where these antennas may be placed and how they will screened to protect the aesthetics of community neighborhoods and commercial areas.

What Landowners Need to Know
The need for a large number of locations for new wireless infrastructure facilities will involve landowners, wireless companies and local governments in dramatic ways.  “Property owners in Montgomery County and surrounding areas who own smaller buildings and lower-height properties, as well as undeveloped land, should be advised that they may be approached for the next wave of 5G (5th Generation) installation locations,” said Miller, Miller & Canby’s telecommunications attorney Sean Hughes. “There are a number of stipulations these groups should be aware of with respect to the process of navigating leases, franchise agreements and land use entitlements.”

Sean Hughes is a member of Miller, Miller & Canby’s Land Use practice group. His career spans more than two decades of focus in legal and wireless telecommunications.
 
For more information about Miller, Miller & Canby’s Land Use practice, please contact Sean Hughes at 301.762.5212 or click here.
 





Miller, Miller & Canby Hosts Book Signing for Royce Hanson


Suburb: Planning Politics and the Public Interest Offers Rare and Insightful Look at the Transformation of Montgomery County, MD

Royce Hanson, former Montgomery County Planning Board President, author, civic leader and research professor at the George Washington Institute of Public Policy, has released his new book, Suburb: Planning Politics and the Public Interest. The book looks at the history of Montgomery County over the past 100 years, exploring notable land use policies during a time of significant growth and change.
 
On November 14, the Land Use and Real Estate departments of leading Maryland law firm, Miller, Miller & Canby, hosted a talk and book signing for Mr. Hanson in North Bethesda, Maryland.  The Washington Post’s Roger Lewis was on hand to provide introductory remarks before Mr. Hanson spoke briefly about his motivation for writing the book.  Suburb tells the story of Montgomery County’s transformation from a rural entity into a community of more than one million people. Throughout this remarkable period of growth, the county built a stellar reputation for strategic land use decisions that were progressive and innovative while serving the public interest. “Much of what the county accomplished,” writes Mr. Hanson, “can be attributed to a general plan that presented a pervasive vision that looked forward half a century, rather than fixate on immediate challenges.”
 
Through this study of Montgomery County, Suburb shares a rare and insightful view of the process, and provides a valuable resource for citizens, planners, government officials and developers seeking to learn more about zoning and planning for the benefit of any community.

Added Senior Land Use Department lawyer, Jody Kline, “There are young real estate attorneys who are coming into practice here who don’t know about Montgomery County’s history. This is an important work, not only to teach a new generation here about our county, but to also educate and inspire real estate professionals and community advocates nationwide.”

In addition to a distinguished career in academia, Mr. Hanson served for many years in leadership positions on the Montgomery County Planning Board and the Maryland-National Capital Park and Planning Commission, as well as the Committee on National Urban Policy and National Research Council. He has won numerous awards for his service, including the AIA Kai Medal for contributions to planning and urban design, and the American Planning Association’s Benjamin Banneker Award and Frederick Gutheim Distinguished Leadership Award.

Suburb can be ordered here.

Click the download link below to view the full press release.

The book signing was featured in the December 2017 issue of The Washington Business Journal. See feature below.





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