Mayor and Council of Rockville v. Brookeville Turnpike Construction Company, Inc.

I dissent because, in my opinion, (1) the power to contract for annexation was never delegated by the General Assembly of Maryland to the Mayor and Council of Rockville (Rock-ville) ; and that, in the absence of such delegation, the contract was nugatory; (2) assuming, arguendo, that such a power was delegated, it was not properly exercised by Rockville pursuant to Code (1957), Art. 23A, sec. 19; (3) the purported contract of January 15, 1962 was illegal, null and void in that (a) it was an illegal attempt by Rockville to exercise or fetter its legislative power by contract, (b) it denied due…