§ 3.0. Preliminary motions.

3.1 Notification. Any party filing motions, oppositions thereto, legal memoranda or procedural requests must serve copies on all parties entitled to original notice in the case and must certify the date and manner of this service in writing. The Board may direct staff to notify other interested parties.

3.2 Motions to dismiss.

3.2.1 Motion to dismiss for lack of jurisdiction. A party may at any time move to dismiss any issue in a case on the grounds that the Board lacks jurisdiction.

3.2.2. Motion for summary disposition. Any party may file a motion to dismiss any issue in a case on the grounds that the application and other supporting documentation establish that there is no genuine issue of material fact to be resolved and that dismissal or other appropriate relief should be rendered as a matter of law. The motion should be supported by documents, affidavits, applicable precedent, or other appropriate materials. Unless otherwise approved by the Board, the motion must be made no later than 20 days prior to the hearing. The Board on its own motion may consider summary disposition or other appropriate relief.

3.2.3 Response. A response to a motion for summary disposition must be filed no later than 10 days prior to the hearing. A response may not rest upon mere allegations or denials but must show, by documents, affidavits, applicable precedent, or other appropriate materials, that there is a genuine issue to be determined at the hearing.

3.2.4 Oral argument. The Board may, at its discretion, hear oral argument on a motion to dismiss. Any party may request oral argument.

3.2.5 Decision. The Board must decide the motion after the close of oral argument or at a worksession. If the Board’s decision disposes of the case, the Board must issue its resolution in accordance with section 7.6.1.B.3 of the Montgomery County Zoning Ordinance. If summary disposition is denied, or if partial summary disposition is granted, the hearing must proceed as necessary.