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GARRETT COUNTY v. BOLDEN

[No. 115, September Term, 1979.]

287 Md. 440 (1980)

413 A.2d 190

THE BOARD OF COUNTY COMMISSIONERS OF GARRETT COUNTY, MARYLAND ET AL. v. DeCORSEY E. BOLDEN ET AL.

Court of Appeals of Maryland.

Decided April 14, 1980.

Attorney(s) appearing for the Case

H. Russell Smouse and Jack R. Turney for appellants.

Robert E. Watson for appellee Ernest J. Gregg, Jr., and by Thomas B. Dabney, Jr., for appellee DeCorsey E. Bolden.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ.

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

When the Board of County Commissioners of Garrett County, Maryland (the "Board") undertook to fix a property tax rate of $2.61 for the taxable year July 1, 1979 — June 30, 1980 which exceeded the "constant yield tax rate" of $2.37, their action was immediately challenged by this taxpayer's suit. The Circuit Court for Garrett County concluded that the Board had failed to comply with applicable statutory procedures...

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