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• 13-34 THE LAW OF ZONING AND PLANNING § 13.05 inadequacy may be invoked as as a basis for interim controls.42 Ade- quate sewage capacity may also be invoked to mandate" or deny44 development approval. [b] Educational Facilities Some jurisdictions condition residential development approval upon showing or finding that adequate educational facilities are present's For example,an educational facilities ordinance required an applicant to obtain a special exception to overcome a County Council finding that adequate educational facilities were not in place.46 In Maryland-National Planning Commission v. Rosenberg,17 plaintiff was denied subdivision approval because of inadequate school facilities. Pursuant to the Prince George's County adequate public facilities ordinance,the Planning Commission found that insufficient public facilities and services existed or were pro- grammed prior to plat approval. The Court of Appeals rejected the administrative findings on school service areas and projected over- capacity and reinstated approval on the ground that other area schools were under capacity by more students than projected stu- i • 42 See,e.g., Wincamp Partnership v. Anne Arundel County, 458 F. Supp. 1009 (Md.1978)(county sewer moratorium based on inadequate capacity);Lombardi Build- ers v. Stein,358 N.Y.S.2d 193 (1974)(inadequate sewage treatment). 43 See,e.g.,Continental Homes v. County of Lake, 37 111. App.727,346 N.E.2d 226,231-32(finding adequate evidence to rebut locality's findings of undue burdens on services); Prince Ceorge's County v. Carusillo, 447 A.2d 90 (Md. Ct. Spec. App. 1982)(county could not deny sewage treatment to property meeting adequacy cri- teria). 44 See,e g.,Larson v.County of Washington,387 N.W.2d 902,904.906(Minn.App. 1986)(sustaining county's discretion to limit commercial uses in areas lacking public sewerage);Golden v. Planning Bd.,334 N.Y.S.2d at 147-48,30 N Y.2d at 472-73,285 N.E2d at 298.99. 45 Appeal of Community College, 435 Pa. 264, 254 A.2d 641 (1969) (potential sewerage problem could not be utilized to deny needed progress and expansion in the field of education). 46 See Malmar Assocs.v.Prince George's County,272 A.2d 6(Md.1971).The court found that the challenging applicant did not meet the burden of proving the request- ed increase was consistent with the availability of adequate facilities and services, reasoning that even a small number of additional students (9) in an overcrowded school situation could be sufficient to support the Council's conclusion that there would be an adverse effect upon the school facilities. 47 307 A.2d 704 (Md. 1973). 4110