BLUMENTHAL v. CLERK OF CIR. CT.

[No. 15, September Term, 1976.]

278 Md. 398 (1976)

365 A.2d 279

BLUMENTHAL ET UX. v. CLERK OF THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY ET AL.

Court of Appeals of Maryland.

Decided October 22, 1976.


Attorney(s) appearing for the Case

John J. Ghingher, Jr., and Ronald J. Kwoka, with whom was Jerome T. May on the brief, for appellants.

Gerald I. Langbaum, Assistant Attorney General, with whom was Francis B. Burch, Attorney General, on the brief; Frederick C. Sussman, Assistant County Solicitor for Anne Arundel County, with whom was Michael Roblyer, County Solicitor, on the brief; H. Christopher Malone, Assistant County Attorney for Montgomery County, with whom were Richard S. McKernon, County Attorney, and Robert G. Tobin, Jr., Deputy County Attorney, on the brief; Peter Max Zimmerman, Assistant County Solicitor for Baltimore County, with whom were J. Carroll Holzer, County Solicitor, and Harry S. Shapiro, Chief Assistant County Solicitor, on the brief; and submitted on brief by E. Thomas Merryweather, County Solicitor for Dorchester County, Joseph Ernest Bell, II, County Attorney for St. Mary's County, Thomas C. Hayden, Jr., County Attorney for Charles County, Benjamin L. Brown, City Solicitor, Ambrose T. Hartman, Deputy City Solicitor, and Richard K. Jacobsen, Chief Solicitor, for Mayor and City Council of Baltimore, appellees.

The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and ORTH, JJ.


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

The primary question presented by this appeal is whether the General Assembly has granted statutory authority to certain counties and the City of Baltimore to fix by local resolution or ordinance the rate of tax to be charged in their respective jurisdictions for the recordation of instruments conveying title and securing debts. In the mandamus and declaratory judgment action from which this appeal arises, the Circuit...

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