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WASH. SUB. SAN. COMM'N v. MITCHELL & BEST

No. 137, September Term, 1984.

303 Md. 544 (1985)

495 A.2d 30

WASHINGTON SUBURBAN SANITARY COMMISSION v. C.I. MITCHELL AND BEST CO. ET AL.

Court of Appeals of Maryland.

On Motion for Reconsideration Filed September 11, 1985.

Attorney(s) appearing for the Case

Roger D. Redden, Baltimore (Paul A. Tiburzi, Baltimore and Nathan J. Greenbaum, Hyattsville, on brief), for appellant.

Charles G. Dalrymple, Silver Springs (Susan M. Reutershan and Linowes and Blocher, Silver Springs, on brief), for appellees.

Argued before MURPHY, C.J., SMITH, ELDRIDGE, COLE, RODOWSKY and McAULIFFE, JJ., and W. ALBERT MENCHINE, Associate Judge of the Court of Special Appeals (retired), Specially Assigned.

Per Curiam on Motion for Reconsideration Filed September 11, 1985.

RODOWSKY, Judge.

This appeal is from a declaratory judgment invalidating a special connection charge imposed by the Washington Suburban Sanitary Commission (WSSC). We shall affirm that determination, but only after concluding that there is neither any special statutory remedy nor any administrative agency which should exercise primary jurisdiction. There may not be any recovery of the charges...

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