COMPTROLLER OF TREASURY v. CROWN CENT. PETROLEUM CORP.

No. 4, September Term, 1982.

52 Md. App. 581 (1982)

451 A.2d 347

COMPTROLLER OF THE TREASURY v. CROWN CENTRAL PETROLEUM CORPORATION.

Court of Special Appeals of Maryland.

Decided October 19, 1982.


Attorney(s) appearing for the Case

Charles O. Monk, II, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, Michael F. Brockmeyer, Assistant Attorney General, and Gerald Langbaum, Assistant Attorney General, on the brief, for appellant.

Morton A Sacks and Philip D. Hale, with whom were Ray R. Fidler and Cable, McDaniel, Bowie & Bond and Bald & Hale on the brief, for appellee.

Amicus curiae brief of The Greater Washington/Maryland Service Station Association filed. Peter H. Gunst, Linda M. Richards, Frank, Bernstein, Conaway & Goldman, Thomas M. Wilson, III and Tydings & Rosenberg on the brief.

The cause was argued before MOORE, WILNER and GARRITY, JJ.


WILNER, J., delivered the opinion of the Court. GARRITY, J., filed a dissenting opinion at page 598 infra.

In an action brought against the Comptroller of the Treasury (Comptroller) by Crown Central Petroleum Corporation (Crown), the Circuit Court for Anne Arundel County entered a summary judgment declaring that (1) certain regulations promulgated by the Comptroller under the purported authority of Md. Code art. 56, § 157B were invalid, and (2) the contractual...

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