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SALISBURY v. ZIMMER

No. 462, September Term, 2010.

20 A.3d 838 (2011)

199 Md. App. 163

SALISBURY UNIVERSITY v. JOSEPH M. ZIMMER, INC.

Court of Special Appeals of Maryland.

May 27, 2011.

Attorney(s) appearing for the Case

Dana A. Reed ( Douglas F. Gansler , Atty. Gen., on the brief) Baltimore, MD, for appellant.

Kenneth K. Sorteberg (Huddles, Jones, Sorteberg & Dachille PC, on the brief) Columbia, MD, for appellee.

EYLER, JAMES R., KEHOE, IRMA S. RAKER, (Retired, specially assigned), JJ.

EYLER, JAMES R., J.

The primary question presented by this case is whether COMAR 21.11.03.14, a regulation issued by the Board of Public Works ("BPW") is ultra vires because it conflicts with Maryland Code (2009 Repl. Vol.), §§ 15-215 and 15-217 of the State Finance & Procurement Article ("F.P."). We shall answer the question in the affirmative.

Facts and Proceedings

The conflict in this case arises out of a bid solicitation...

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