STATE v. BURNING TREE CLUB

No. 138, September Term, 1983.

301 Md. 9 (1984)

481 A.2d 785

STATE OF MARYLAND, EX REL., ATTORNEY GENERAL ET AL. v. BURNING TREE CLUB, INC.

Court of Appeals of Maryland.

October 2, 1984.


Attorney(s) appearing for the Case

Diana G. Motz and Robert A. Zarnoch, Asst. Attys. Gen., Baltimore (Stephen H. Sachs, Atty. Gen., Kaye B. Bushel and Linda H. Lamone, Asst. Attys. Gen., Baltimore, on brief), for appellant.

Benjamin R. Civiletti, Baltimore (J. Phillip Jordan, Leslie A. Vial, James A. Dunbar and Venable, Baetjer & Howard, Baltimore, and David Macdonald, Rockville, of counsel, on brief), for appellee.

Argued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, DAVIDSON, RODOWSKY and COUCH, JJ.


SMITH, Judge.

We shall here hold that the Attorney General of Maryland could not bring a declaratory judgment action challenging the constitutionality of an enactment of the General Assembly of Maryland.

I

Proclaiming in its preamble that it was "the intent of the General Assembly that the assessment of lands used for country clubs shall be maintained at levels compatible with the continued use of such property for country clubs and shall not be...

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