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JAMES McHUGH CONSTR. CO. v. COMPTROLLER OF THE TREASURY

[No. 57, September Term, 1980.]

291 Md. 48 (1981)

431 A.2d 1353

JAMES McHUGH CONSTRUCTION COMPANY v. COMPTROLLER OF THE TREASURY, RETAIL SALES TAX DIVISION

Court of Appeals of Maryland.

Decided July 17, 1981.

Attorney(s) appearing for the Case

John V. Long, with whom were Oliver Denier Long and John V. Long, P.A. on the brief, for appellant.

Paul S. Sugar, Assistant Attorney General, with whom was Stephen H. Sachs, Attorney General, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ.

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

This case presents the question whether a 1968 amendment to Maryland Code (1957, 1980 Repl. Vol.), Art. 81, § 326 (a) conflicts with Art. XVI-78 of the Washington Metropolitan Area Transit Authority (WMATA) Compact, Maryland Code (1977, 1980 Repl. Vol.) § 10-204 of the Transportation Article.1

Maryland, Virginia and the District of Columbia entered into the Compact

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