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GORDON v. COMM'RS OF ST. MICHAELS

[No. 1 (Adv.), September Term, 1976.]

278 Md. 128 (1976)

359 A.2d 543

GORDON ET UX. v. COMMISSIONERS OF ST. MICHAELS ET AL.

Court of Appeals of Maryland.

Decided July 12, 1976.

Attorney(s) appearing for the Case

Argued and reargued by Nancy E. Paige, with whom were David P. Gordon and Donald N. Rothman on the brief, for appellants.

Argued by L. Clark Ewing and H. Michael Hickson for Town of Easton, part of appellees. No brief filed on behalf of other appellees. Reargued by L. Clark Ewing for Town of Easton, part of appellees.

The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE and ELDRIDGE, JJ., and reargued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE and ELDRIDGE, JJ., and J. HAROLD GRADY, Associate Judge of the Eighth Judicial Circuit, specially assigned.

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

In this case we shall hold unconstitutional that portion of Maryland Code (1957, 1970 Repl. Vol., 1975 Cum. Supp.) Art. 66B, § 4.05 (d) permitting each incorporated town in Talbot County to "have territorial planning and zoning jurisdiction over all land lying within one mile of its corporate boundaries" because Maryland Constitution Art. XI-E forbids passage by the General Assembly of "any law relating to the incorporation...

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