TRUITT v. BOARD OF PUBLIC WORKS

[No. 56, September Term, 1966 (Adv.).]

243 Md. 375 (1966)

221 A.2d 370

TRUITT, ET UX v. BOARD OF PUBLIC WORKS OF MARYLAND, ET AL.

Court of Appeals of Maryland.

Concurring opinion filed July 22, 1966.


Attorney(s) appearing for the Case

Victor H. Laws for appellants.

Alan M. Wilner, Assistant Attorney General, with whom was Thomas B. Finan, Attorney General, on the brief, for Board of Public Works, Comptroller of the Treasury, State Treasurer and Maryland Hospital Commission, part of appellees; Francis D. Murnaghan, Jr. with whom was Paul S. Sarbanes, on the brief, for Greater Baltimore Medical Center, Inc., one of appellees; Alexander Harvey, II for Church Home & Hospital of the City of Baltimore and Francis X. Gallagher, with whom were John C. Evelius, Joseph G. Finnerty, Jr. and Alfred L. Scalan, on the brief, for The Sisters of the Third Order of St. Francis, Philadelphia Foundation of St. Joseph Hospital, Baltimore, Md., other appellees.

The cause was argued before PRESCOTT, C.J., and HAMMOND, HORNEY, MARBURY, OPPENHEIMER, BARNES and McWILLIAMS, JJ.


OPPENHEIMER, J., delivered the majority opinion of the Court. BARNES J., concurs in the result. Concurring opinion at p. 411, infra.

This appeal from a decree in a declaratory judgment proceeding in the Circuit Court of Baltimore City involves the constitutionality and validity of the Hospital Construction Loan Act of 1964. The appellants, the plaintiffs below, are owners of Maryland real estate and residents and taxpayers...

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