Legal Opinion · Dissent

120 West Fayette Street, LLLP v. Mayor of Baltimore

Court of Appeals of Maryland

Decided April 27, 2012No. 81, September Term, 2011Published

1Dissent

BELL, C.J.,

dissenting, in which HARRELL and CATHELL, JJ., join.

The majority holds that a Memorandum of Agreement between the City and the Maryland Historical Trust is a private agreement to which taxpayers are mere incidental beneficiaries, and as a result, the appellant taxpayer suing to enforce the Agreement, lacks standing to do so. The majority, therefore, affirms the lower court’s motion to dismiss the appellant’s action, citing a lack of a justiciable controversy. In actuality, the appellant has taxpayer standing, as it alleges a violation of State law by the City and the Maryland…

2Cases cited21 opinions

  1. RRC Northeast, LLC v. BAA Maryland, Inc.Court of Appeals of Maryland · 2010
  2. Inlet Associates v. Assateague House Condominium Ass'nCourt of Appeals of Maryland · 1988
  3. Sugarloaf Citizens' Ass'n v. Department of EnvironmentCourt of Appeals of Maryland · 1996
  4. Shapiro v. Board of County CommissionersCourt of Appeals of Maryland · 1959
  5. Painter v. MattfeldtCourt of Appeals of Maryland · 1913

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