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CONSUMER PROTECTION v. LUSKIN'S

No. 801, September Term, 1993.

100 Md. App. 104 (1994)

640 A.2d 217

CONSUMER PROTECTION DIVISION v. LUSKIN'S, INC.

Court of Special Appeals of Maryland.

April 27, 1994.

Attorney(s) appearing for the Case

John Nethercut, Asst. Atty. Gen., argued (J. Joseph Curran, Jr., Atty. Gen. and Rebecca Bowman, Asst. Atty. Gen., on the brief), Baltimore, for appellant.

Thomas M. Wood, IV, argued (Neuberger, Quinn, Gielen, Rubin & Gibber, P.A., on the brief), Baltimore, for appellee.

Argued before ALPERT, FISCHER and MURPHY, JJ.

ALPERT, Judge.

Appellant, the Consumer Protection Division of the Office of the Attorney General ("the Division") appeals from a declaratory judgment entered in favor of appellee, Luskin's, Inc. ("Luskin's") in the Circuit Court for Harford County.

The Division asks:

I. Did the lower court abuse its discretion by issuing a declaratory judgment, when a pending administrative enforcement action between the same parties would resolve the same legal issue...

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