Legal Opinion · Dissent

Canada's Tavern, Inc. v. Town of Glen Echo

Court of Appeals of Maryland

Decided December 16, 1970No. [No. 150, September Term, 1970.]Published

1DissentBarnes, J.

I dissent because, in my opinion, the majority has misinterpreted § 111-57 (c) of the Montgomery County Code, 1965, and has not perceived the correct legislative intent of that statutory provision.

In seeking to ascertain the legislative intent in a statutory enactment, we properly assume that the legislators are familiar with the existing law — both statutory and decisional — and enact the legislation within the framework of that law. Giant Food, Inc. v. Gooch, 245 Md. 160, 225 A. 2d 431 (1967) ; St. Joseph Hospital v. Quinn, 241 Md. 371, 216 A. 2d 732 (1966) ; Gibson v. State, 204 Md. 423,…

2Cases cited28 opinions

  1. Hadacheck v. SebastianSupreme Court of the United States · 1915
  2. Deems v. Western Maryland Railway Co.Court of Appeals of Maryland · 1967
  3. Grant v. Mayor of BaltimoreCourt of Appeals of Maryland · 1957
  4. Landay v. Board of Zoning AppealsCourt of Appeals of Maryland · 1938
  5. Stevens v. City of SalisburyCourt of Appeals of Maryland · 1965

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