Broadwater v. State

SMITH, Judge.

In this declaratory judgment action a trial judge failed to declare the rights of the parties and granted the State’s motion to dismiss under Maryland Rule 2-322(b) for failure to state a claim upon which relief could be granted.1 This was directly contrary to numerous of our cases. For that reason we shall not decide the interesting question presented and shall remand the case to the Circuit Court for Anne Arundel County for further proceedings.

The facts which we shall recite are gleaned from the complaint for declaratory judgment filed in the Circuit Court for Anne Arundel…