HORNBECK v. SOMERSET CO. BD. OF EDUC.

[No. 93, September Term, 1981.]

295 Md. 597 (1983)

458 A.2d 758

DAVID W. HORNBECK ET AL. v. SOMERSET COUNTY BOARD OF EDUCATION ET AL.

Court of Appeals of Maryland.

Decided April 5, 1983.


Attorney(s) appearing for the Case

George A. Nilson, Special Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General and Ellen M. Heller, Assistant Attorney General, on the brief for the State and Shale D. Stiller, with whom were Jay I. Morstein, James S. Jacobs, Julien A. Hecht, William L. Reynolds and Frank, Bernstein, Conaway & Goldman and Paul A. McGuckian, County Attorney, on the brief for Montgomery County, appellants/cross-appellees.

Richard W. Emory, with whom were Nell B. Strachan and Venable, Baetjer & Howard on the brief and by Elliott C. Lichtman, with whom were Joseph L. Rauh, Jr., John Silard, Mary M. Levy, James C. Turner and Rauh, Silard & Lichtman, P.C., Benjamin L. Brown, City Solicitor, Valentine A. Kogler, Jr., Assistant City Solicitor, Tony Bruce and Jones & Jones and Starke Evans on the brief, for appellees/cross-appellants.

Amicus curiae brief filed by Lee Havis.

Amicus curiae brief of The Board of Education of Prince George's County filed. Paul M. Nussbaum and John R. Barr on the brief.

Amici curiae brief filed. Thomas J. Wohlgemuth for Board of Education of Anne Arundel County; Charles A. Reese and Judith S. Bresler for Boards of Education of Howard and Montgomery Counties; Richard R. Bloxom for Board of Education of Worcester County; Thomas A. Rymer for Board of Education of Calvert County and Ernest Thompson and Lynn Leonhardt for Board of Education of Talbot County on the brief.

Amicus curiae brief of Women Voters of Maryland, Inc. filed. Melvin J. Sykes on the brief.

Amicus curiae brief of Greater Baltimore Committee, Inc. filed. Michael W. Lower and Smith, Somerville & Case on the brief.

The cause was argued before MURPHY, C.J., and SMITH, COLE, DAVIDSON and COUCH, JJ., and J. DUDLEY DIGGES and CHARLES E. ORTH, JR., Associate Judges of the Court of Appeals (retired), specially assigned.


MURPHY, C.J., delivered the opinion of the Court. COLE, J., dissents and filed a dissenting opinion at page 659 infra.

This case involves a challenge to the constitutionality of Maryland statutes which govern the system of financing public elementary and secondary schools in the State's twenty-four school districts, i.e., in the twenty-three counties of Maryland and in Baltimore City. The litigation focuses upon the existence of wide disparities in taxable...

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