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CITY OF ANNAPOLIS v. ANNE ARUNDEL COUNTY

No. 84, Sept. Term, 1995.

698 A.2d 523 (1997)

347 Md. 1

CITY OF ANNAPOLIS v. ANNE ARUNDEL COUNTY, Maryland.

Court of Appeals of Maryland.

August 25, 1997.

Attorney(s) appearing for the Case

David M. Funk (Richard T. Colaresi, Steven J. Troy, Shapiro and Olander, on brief), Annapolis, Paul Garvey Goetzke, City Attorney, Annapolis, for Petitioner.

David A. Plymyer, Deputy County Attorney (Phillip F. Scheibe, County Attorney, on brief), Annapolis, for Respondent.

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

ELDRIDGE, Judge.

The dispositive issue in this case is whether, between 1970 and 1992, Anne Arundel County unlawfully withheld state tobacco tax revenue from the City of Annapolis. Resolution of this question turns on the continuing viability of a public local law enacted by the General Assembly, Ch. 1041 of the Acts of 1945, after Anne Arundel County in 1964 adopted a home rule charter pursuant to Article XI-A of the Maryland Constitution.

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