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BOARD OF EDUC., GARRETT CO. v. LENDO

[No. 50, September Term, 1982.]

295 Md. 55 (1982)

453 A.2d 1185

BOARD OF EDUCATION OF GARRETT COUNTY ET AL. v. DAN LENDO

Court of Appeals of Maryland.

Decided December 21, 1982.

Attorney(s) appearing for the Case

Ellen M. Heller, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, and Ralph M. Burnett on the brief for appellants State Board and Garrett County Board, and Charles A. Reese and Judith S. Bresler on the brief for appellant Board of Education of Montgomery County.

Joel A. Smith, with whom were Abato & Abato, P.A. on the brief, for appellee.

Amicus curiae brief of Maryland State Teachers Association, Inc. filed. Walter S. Levin, James R. Whattam and Sauerwein, Boyd, Decker & Levin on the brief.

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

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

We shall here hold that the State Board of Education is obliged to decide appeals to it from county boards of education under the provision of Maryland Code (1978) § 4-205(c)(4), Education Article. The State Board had been under the apparent impression that it had something approximating certiorari jurisdiction so that it was not mandated to decide such appeals.

The central figure in this controversy is Dan...

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