Legal Opinion

Eberhart v. Mayor of Baltimore

Court of Appeals of Maryland

Decided August 25, 1981No. [No. 3, September Term, 1981.]PublishedCited by 6 opinions

1Opinion of the CourtMurphy, C. J.

Smith and Digges, JJ., dissent. Smith, J., filed a dissenting opinion at page 115 infra, in which Digges, J., concurred.

The primary issue in this case is whether a sale-leaseback transaction, which the Mayor and City Council of Baltimore (the City) proposes to enter into, contravenes the debt limitation provisions of Art. XI, § 7 of the Constitution of Maryland:

"[N]o debt ... shall be created by the Mayor and City Council of Baltimore ... unless such debt ... be authorized by an Act of the General Assembly of *95Maryland, and by an ordinance of the Mayor and City Council of Baltimore, submitted…

2Cases cited10 opinions

  1. Mayor of Baltimore v. GillCourt of Appeals of Maryland · 1869
  2. Reyes v. Prince George's CountyCourt of Appeals of Maryland · 1977
  3. William Filene's Sons Co. v. WeedSupreme Court of the United States · 1918
  4. Gardiner v. William S. Butler & Co.Supreme Court of the United States · 1918
  5. Johns Hopkins University v. WilliamsCourt of Appeals of Maryland · 1952

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3Cited by6 opinions

  1. Potter v. Bethesda Fire Department, Inc.Court of Appeals of Maryland · 1987
  2. Gardner v. Board of County CommissionersCourt of Appeals of Maryland · 1990
  3. Mayor of Baltimore v. BoitnottCourt of Appeals of Maryland · 1999
  4. 107oag117, Maryland Attorney General Reports2022
  5. Eberhart v. Mayor of BaltimoreCourt of Appeals of Maryland · 1981

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