Montgomery County v. Bradford

ELDRIDGE,

dissenting.

I disagree with the majority’s opinion and decision in two major respects.

First, the majority clearly errs in refusing to consider the consent decree entered in the underlying cases on November 26, 1996, and in taking the position that the decree is not before us. The majority opinion overlooks entirely the respondents’ motion to dismiss Montgomery County’s appeal on the ground that the consent decree has rendered the appeal moot. In order for a decree to render moot an earlier appeal from a denial of intervention, however, the decree must be within the trial court’s…