Legal Opinion

O'HARA v. Kovens

Court of Special Appeals of Maryland

Decided May 8, 1992No. 1305, September Term, 1991PublishedCited by 10 opinions

1Opinion of the Court

MOTZ, Judge.

This appeal is the latest, and perhaps the final, chapter of the litigation arising out of the alleged impropriety involved in former Governor Marvin Mandel’s 1971 veto of legislation to provide additional racing dates for a Maryland race track. Critical to determination of this case is resolution of the question of whether the former governor’s motives for that veto can be examined by a court in a tort action against his alleged co-conspirators based on the veto. Because the separation of powers doctrine bars judicial inquiry into the former governor’s motives for his veto, we…

2Cases cited49 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. United States v. NixonSupreme Court of the United States · 1974
  3. Powell v. McCormackSupreme Court of the United States · 1969
  4. Tenney v. BrandhoveSupreme Court of the United States · 1951
  5. Fletcher v. PeckSupreme Court of the United States · 1810

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3Cited by10 opinions

  1. McCulloch v. GlendeningCourt of Appeals of Maryland · 1997
  2. Montgomery County v. SchooleyCourt of Special Appeals of Maryland · 1993
  3. Getty v. Carroll County Board of ElectionsCourt of Appeals of Maryland · 2007
  4. Lomax v. WardenCourt of Special Appeals of Maryland · 1998
  5. State v. BravermanCourt of Special Appeals of Maryland · 2016

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