(2011)

Dear Kelly G. Dincau

In connection with the ongoing code revision process, you have requested our opinion whether Article 25, §§ 46 and 47 of the Annotated Code of Maryland, which grant citizens the right to appeal a decision of county commissioners to build or repair a bridge, may be repealed without effecting a substantive change in the law. Specifically, you are concerned that these two sections may assign a nonjudicial function to the court, in violation of the separation of powers doctrine expressed in Article 8 of the Declaration of Rights, and that they would therefore be unenforceable.

I…