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GOLDSBOROUGH v. DEP'T OF TRANSP.

[No. 105, September Term, 1976.]

279 Md. 36 (1977)

367 A.2d 522

NICHOLAS GOLDSBOROUGH v. DEPARTMENT OF TRANSPORTATION ET AL.

Court of Appeals of Maryland.

Decided January 4, 1977.

Attorney(s) appearing for the Case

Thomas M. Downs, with whom were C. Fred Delavan and Harry C. Blumenthal on the brief, for appellant.

J. Michael McWilliams, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Kaye T. Brooks, Assistant Attorney General, on the brief for Department of Transportation, Joseph S. Kaufman, General Counsel, on the brief for Mass Transit Administration, appellees.

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

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

We granted certiorari in this case to decide whether the proposed publicly owned Baltimore Area Rapid Transit System constitutes an "internal improvement" within the meaning of the Maryland Constitution, Art. III, § 34 which prohibits the State's participation "in the construction of works of internal improvement which shall involve the faith or credit of the State...."1

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