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PRINCE GEORGE'S CO. v. BD. OF ELECTIONS

No. 18, September Term, 1994.

337 Md. 496 (1994)

PRINCE GEORGE'S COUNTY, MARYLAND ET AL. v. BOARD OF SUPERVISORS OF ELECTIONS OF PRINCE GEORGE'S COUNTY, MARYLAND.

Court of Appeals of Maryland.

Opinion March 7, 1995.

Attorney(s) appearing for the Case

Timothy F. Maloney (Camus and Maloney, all on brief), Riverdale, Michael O. Connaughton, Deputy County Atty. (Michael P. Whalen, County Atty., Kathleen F. Costello, Associate County Atty., all on brief), Upper Marlboro, for appellant.

Ronald Willoner, (Stephen F. Shea, Willoner, Calabrese, & Rosen, P.A., all on brief), College Park, Erik H. Nyce, Upper Marlboro, on brief, for appellee.

Richard E. Israel, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on brief). Richard E. Israel, Annapolis, and J. Joseph Curran, Jr., Baltimore, for amicus curiae appellant.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, BELL and RAKER, JJ.

ORDER

In this declaratory judgment action, the Circuit Court for Prince George's County, by order and opinion of April 7, 1994, declared that section 309 of the Prince George's County Charter, as amended by CB-78-1990, ratified November 9, 1990, was "invalid and unenforceable." The circuit court also declared that "[t]he old charter provision," i.e., section 309 as it read prior the 1990 amendment, "providing for the appointment of council members [to fill...

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