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SCULL v. MONTGOMERY CITIZENS

[No. 363, September Term, 1967.]

249 Md. 271 (1968)

239 A.2d 92

SCULL, ET AL. v. MONTGOMERY CITIZENS LEAGUE, ET AL.

Court of Appeals of Maryland.

Decided March 8, 1968.

Attorney(s) appearing for the Case

David L. Cahoon, County Attorney, and Alfred H. Carter, Deputy County Attorney, with whom were Charles G. Dalrymple and Stanley D. Abrams, Assistant County Attorneys, on the brief, for appellants.

Joe M. Kyle, with whom was Kyle & Jergensen on the brief, for appellees.

Amicus curiae brief filed by Suburban Maryland Fair Housing, Inc., et al. Phineas Indritz, Thomas J. Schwab, Elihu I. Leifer and George B. Driesen on the brief.

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

HAMMOND, C.J., delivered the opinion of the Court.

The Charter of Montgomery County provides, as Art. XI-A of the Constitution of Maryland entitled "Local Legislation" requires, for an elected Council which sits for a specified time each year to enact laws for the County. The Charter also provides, as Art. XI-A permits, that the Council is to act as the Chief Executive authority of the County.

On July 20, 1967, the Council, sitting in executive session, adopted...

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