The Maryland Attorney General's office this week asked the Maryland Court of Special Appeals to dismiss an appeal of a Montgomery County Circuit Court ruling that a county ban on commuter parking is unconstitutional.

Montgomery County Circuit Court Judge Ralph G. Shure last March dismissed a parking ticket against a business owner who had parked in an area restricted to parking by residents, saying that the restriction unconstituionally discriminated against one class of drivers.

Shure's decision was appealed by the county to the Maryland Court fo Special Appeals, a procedure that the state attorney general's office decided was improper. Instead, said assistant attorney general Kathleen Sweeney, the county should have asked the Maryland Court of Appeals to take the case.

Sweeney said the parking issue could be raised again and that the police could enforce the ordinance in the meantime. Ronald Resh, an attorney representing the Montgomery County Council, said it was unclear yet what course the county may take. A similar case is pending before the U.S. Supreme Court which could resolve the issue, if the high court decides to hear the case in the fall.

The Montgomery County case involves parking restrictions in a Bethesda neighborhood east of Wisconsin Avenue and south of the U.S. Naval Medical Center.