PR. GEORGE'S CTY. v. ONE 1969 OPEL

[No. 101, September Term, 1972.]

267 Md. 491 (1973)

298 A.2d 168

PRINCE GEORGE'S COUNTY, MARYLAND ET AL. v. ONE (1) 1969 OPEL ET AL.

Court of Appeals of Maryland.

Decided January 2, 1973.


Attorney(s) appearing for the Case

Gary Melick, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Arthur A. Marshall, Jr., State's Attorney for Prince George's County, Stephen C. Orenstein, Assistant State's Attorney for Prince George's County, Walter H. Maloney, Jr., County Attorney, and Nelson M. Oneglia, Associate County Attorney, on the brief, for appellants.

Edward J. Bagley for appellees.

The cause was argued before MURPHY, C.J., and McWILLIAMS, SINGLEY, SMITH and LEVINE, JJ.


McWILLIAMS, J., delivered the opinion of the Court. MURPHY, C.J., concurs in the result and filed a concurring opinion at page 501 infra.

While not moot this case has a pronounced post mortem cast born of our having to deal with a statute (Code [1971 Repl. Vol.], Art. 27, § 297) declared to be unconstitutional by the learned chancellor, McCullough, J., on 2 March 1972 and, a few months thereafter, repealed and re-enacted with amendments by Ch. 616 of the...

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