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BOARD v. TOWN OF RIVERDALE

No. 121, September Term, 1988.

320 Md. 384 (1990)

578 A.2d 207

BOARD OF EDUCATION OF PRINCE GEORGE'S COUNTY v. MAYOR AND COMMON COUNCIL OF THE TOWN OF RIVERDALE, MARYLAND.

Court of Appeals of Maryland.

August 30, 1990.

Attorney(s) appearing for the Case

Andrew W. Nussbaum and Paul M. Nussbaum, Reichelt, Nussbaum, Brown, Dukes & LaPlaca, all on brief, Greenbelt, for appellant.

Robert W. Shook and James E. McCollum, Jr., both on brief, College Park, for appellee.

Argued before MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS and BLACKWELL, JJ.

ELDRIDGE, Judge.

This case presents the question of whether a municipality may rely on the defense of governmental immunity when sued by a State agency.

I.

The Board of Education of Prince George's County filed a complaint in the Circuit Court for Prince George's County seeking to recover damages against the Mayor and Common Council of the Town of Riverdale. In its complaint, the Board asserted that Riverdale, an incorporated municipality, was liable...

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