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RITCHMOUNT PARTNERSHIP v. BOARD OF SUPERVISORS

[No. 161, September Term, 1977.] [No. 162, September Term, 1977.]

283 Md. 48 (1978)

388 A.2d 523

RITCHMOUNT PARTNERSHIP ET AL. v. BOARD OF SUPERVISORS OF ELECTIONS FOR ANNE ARUNDEL COUNTY, MARYLAND ET AL. REFUSE DISPOSAL OF MARYLAND, INC. v. BOARD OF SUPERVISORS OF ELECTIONS FOR ANNE ARUNDEL COUNTY, MARYLAND ET AL.

Court of Appeals of Maryland.

Decided June 26, 1978.

Attorney(s) appearing for the Case

William C. Mitchell, Jr., with whom was C. Bowie Rose on the brief, for appellant Ritchmount Partnership et al. Thomas M. Downs and C. Fred Delavan, with whom was Harry C. Blumenthal on the brief, for appellant Refuse Disposal of Maryland, Inc.

Robert C. Wilcox and Frederick C. Sussman, Assistant County Solicitors, with whom were Michael R. Roblyer, County Solicitor, and Emile J. Henault, Jr., on the brief for Board of Supervisors of Elections for Anne Arundel County, for Anne Arundel County, Maryland, appellees.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, LEVINE, ELDRIDGE, ORTH and COLE, JJ.

LEVINE, J., delivered the opinion of the Court.

We consider in these two appeals the constitutionality of Article III, § 308 of the Charter of Anne Arundel County and specifically whether the people of a home rule county may confer upon themselves the power of referendum over local legislative enactments, where such power was neither delegated by act of the General Assembly nor expressly reserved to the inhabitants of...

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