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BALTIMORE ARTS FESTIVAL, INC. v. BALTIMORE

No. 142, September Term, 1991.

326 Md. 653 (1992)

607 A.2d 1

BALTIMORE ARTS FESTIVAL, INC., ET AL., v. MAYOR AND CITY COUNCIL OF BALTIMORE.

Court of Appeals of Maryland.

June 8, 1992.

Attorney(s) appearing for the Case

William Alden McDaniel, Jr. (Law Offices of William Alden McDaniel, Jr., on brief), Baltimore, for appellant.

Burton H. Levin, Asst. Sol. and Ambrose T. Hartman, Deputy Sol. (Neal M. Janey, City Sol., William R. Phelan, Jr., Senior Sol., on brief), Baltimore, for appellee.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, McAULIFFE, CHASANOW, KARWACKI and ROBERT M. BELL, JJ.

McAULIFFE, Judge.

This appeal involves a dispute between the Mayor and City Council of Baltimore (the City) and two non-profit corporations, Baltimore Arts Festival, Inc. (BAF) and Maryland Community Foundation, Inc. (MCF). At the heart of the dispute is the right to ownership and control of approximately $600,000 in funds now held by MCF subject to restrictions imposed by BAF.

BAF was organized for charitable purposes, including the promotion and sponsorship...

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