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STATE'S ATTY v. CITY OF BALTO.

[No. 128, September Term, 1974.]

274 Md. 597 (1975)

337 A.2d 92

STATE'S ATTORNEY OF BALTIMORE CITY ET AL. v. MAYOR AND CITY COUNCIL OF BALTIMORE ET AL.

Court of Appeals of Maryland.

Decided May 6, 1975.

Attorney(s) appearing for the Case

William J. Giacofci, Assistant Attorney General, with whom were Francis B. Burch, Attorney General and Walter G. Lohr, Jr., Assistant Attorney General, on the brief, for State's Attorney of Baltimore City, and Jay Fred Cohen on the brief for Milton F. Kirsner and The Linden Holding Company, appellants.

Joseph S. Matricciani, Assistant City Solicitor, with whom were Benjamin L. Brown, City Solicitor, and Richard M. Hartman, Chief Assistant City Solicitor, on the brief, for appellees.

The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and O'DONNELL, JJ.

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

The principal question in this case concerns the constitutionality of Maryland Code (1957, 1972 Repl. Vol.), Art. 53, § 44. That statutory provision, enacted by the General Assembly into law by Section 10 of Chapter 423 of the Acts of 1971, provides:

"From and after July 1, 1973, violations of the Building and Electrical Code of the Baltimore City Code, Article...

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