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KENDALL v. BALCERZAK

No. 09-2304.

650 F.3d 515 (2011)

Paul F. KENDALL, Plaintiff-Appellant, v. Ann M. BALCERZAK, President, Howard County Board of Elections; Betty L. Nordaas, Director, Howard County Board of Elections; Robert L. Walker, Chairman, Maryland State Board of Elections; Linda H. Lamone, State Administrator, Maryland State Board of Elections, Defendants-Appellees, and Howard County Board of Elections; Maryland State Board of Elections, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: March 28, 2011.

Attorney(s) appearing for the Case

ARGUED: Susan Baker Gray , Highland, Maryland, for Appellant. Kathleen Evelyn Wherthey , Office of the Attorney General of Maryland, Baltimore, Maryland; Gerald M. Richman , Ellicott City, Maryland, for Appellees. ON BRIEF: Douglas F. Gansler , Attorney General of Maryland, Baltimore, Maryland, Sandra Benson Brantley , Assistant Attorney General, Office of the Attorney General of Maryland, Annapolis, Maryland, for Appellees Robert L. Walker and Linda H. Lamone.

Affirmed by published opinion. Senior Judge DUFFY wrote the opinion, in which Judge AGEE and Judge WYNN joined.

OPINION

DUFFY, Senior District Judge:

This appeal arises out of a petition drive to obtain a referendum on a zoning ordinance passed by the Howard County Council, of Howard County, Maryland, on November 3, 2008. Paul F. Kendall, who signed the petition, filed a complaint on March 16, 2009, and an amended complaint on March 30, 2009, in the United States District Court for the District of Maryland, pursuant to 42 U.S.C. § 1983, alleging violations of...

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