ROSECROFT TROTTING & PACING v. P.G. COUNTY

Nos. 145, 146 and 147, September Term, 1983.

298 Md. 580 (1984)

471 A.2d 719

ROSECROFT TROTTING & PACING ASSOCIATION, INC. ET AL. v. PRINCE GEORGE'S COUNTY, MARYLAND ET AL. METROVISION OF PRINCE GEORGE'S COUNTY, INC. v. PRINCE GEORGE'S COUNTY, MARYLAND ET AL.

Court of Appeals of Maryland.

March 6, 1984.


Attorney(s) appearing for the Case

James C. Chapin, Bethesda (John C. Joyce, Bethesda, and Richard S. Alper, Upper Marlboro, on brief), for appellants James C. Chapin and John C. Joyce, Attorneys for the Public Interest.

John R. Miles, Mark L. Chester and O'Malley, Miles, McCarthy, Harrell & Levin, Upper Marlboro, on brief, for appellant Rosecroft Trotting & Pacing Ass'n, Inc.

William D. Shapiro, Washington, D.C., for appellant, Potomac Elec. Power Co.

Larnzell Martin, Jr., Upper Marlboro (Russell W. Shipley and Shipley, Curry & Taub, P.A., Landover, on brief), for appellant, Metrovision of Prince George's County, Inc.

David S. Bliden, Assoc. County Atty., Upper Marlboro (Thomas P. Smith, County Atty., Michael O. Connaughton and Barbara L. Holtz, Deputy County Attys., Upper Marlboro on brief), for appellees.

James A. Biddison, Jr., and Michael D. Rind, Baltimore, on brief, for amicus curiae Baltimore Gas and Elec. Co.

Shale D. Stiller, Jay I. Morstein, William L. Reynolds, Evelyn W. Pasquier and Frank, Bernstein, Conaway & Goldman, Special Counsel and J. Cookman Boyd, Jr., Gen. Counsel, Baltimore, on brief, for amicus curiae Maryland Chamber of Commerce.

Argued before MURPHY, C.J., ELDRIDGE, COLE, DAVIDSON, RODOWSKY and COUCH, JJ., and ORTH, CHARLES E., Jr., Retired, Specially Assigned Judge.


RODOWSKY, Judge.

By Council Resolution 86-1983 of June 28, 1983, Prince George's County, Maryland (Prince George's) levied its property tax for fiscal 1984 at the countywide rate of $2.54 per $100 of assessed valuation on real property and at the countywide rate of $3.57 per $100 on personal property. Taxpayers of personal property taxes assert the higher rate is void for lack of power in a county to levy two rates in the same district, and we agree. Prince George...

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