Jones v. Anne Arundel County

Dissenting Opinion by

ADKINS, J.,

which HARRELL and BARBERA, JJ., join.

Section 202(c) of the Anne Arundel County Charter provides that, if a councilmember “move[s] his residence from the councilmanic district in which he resided at the time of his election, his office shall be forthwith vacated.” The central issue, therefore, is whether Jones “move[d] his residence” when he began to serve his prison sentence in South Carolina.

The Majority bases its interpretation of the term “residence” on the theory that, unless a contrary intent is shown, the term “residence” necessarily means “domicile.” See…