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TRUSTEES v. BALTIMORE COUNTY

[No. 106, September Term, 1959.]

221 Md. 550 (1960)

158 A.2d 637

TRUSTEES OF McDONOGH EDUCATIONAL FUND AND INSTITUTE, ETC., ET AL. v. BALTIMORE COUNTY, MARYLAND ET AL.

Court of Appeals of Maryland.

Decided March 14, 1960.

Attorney(s) appearing for the Case

John Grason Turnbull, J. Nicholas Shriver and John W. Cable, III, with whom were Robert M. Thomas, Turnbull & Brewster, Cross & Shriver, Cable & McDaniel and Venable, Baetjer & Howard on the brief, for the appellants.

Walter R. Haile, Deputy County Solicitor, with whom was Johnson Bowie, County Solicitor, on the brief, for Baltimore County, Maryland, one of the appellants.

W. Lee Harrison, with whom was Richard C. Murray on the brief, for the McDonogh Construction Company, the other appellee.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.

PRESCOTT, J., delivered the opinion of the Court.

The plaintiffs below appeal from a decree that dismissed their bill of complaint, which alleged that the action of the appellee, Baltimore County, Maryland, [at the time of the action complained of the former county commissioners constituted the county council until the newly elected members of the county council took office, Section 1106 of the Charter of Baltimore County] in classifying property owned by the other...

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