Tuxedo Cheverly Volunteer Fire Co. v. Prince George's County

In this action for specific performance of an agreement between a volunteer fire company in Prince George’s County, and the County, the chancellor denied the relief prayed on ultra vires grounds but ordered a rescission of the contract and the return of the parties to their respective positions prior to its execution. The court reasoned that the agreement was unenforceable because it involved “alienation” of the County’s police power. We concur that the contract was not susceptible of specific performance but our finding is based upon appellee’s alternative defense — pleaded, briefed and…