Legal Opinion · Dissent

Appleton Regional Community Alliance v. Board of County Commissioners

Court of Appeals of Maryland

Decided June 21, 2011No. 137, September Term, 2009Published

1Dissent

HARRELL, J., dissenting, in which BATTAGLIA and GREENE, JJ., join.

I dissent. In reaching its holding “that art. 25, § 8(a) does not prohibit the Board from entering into the Asset Purchase Agreements at issue,” 420 Md. 172, 184, 21 A.3d 1116, 1123 (2011) the Majority opinion reads the phrase “no longer *185needed for public use” out of the applicable Maryland statute in its attempt to “harmonize” Maryland Code (1957, 2005 Repl.Vol.), Art. 25 § 8(a) with Art. 25 § 3D(b). The Majority’s succinct analysis disregards, by failing to analogize, distinguish or otherwise address, this Court’s 2005…

2Cases cited17 opinions

  1. Mayor and Council of Rockville v. Rylyns Enterprises, Inc.Court of Appeals of Maryland · 2002
  2. Board of Educ., Garrett Co. v. LendoCourt of Appeals of Maryland · 1982
  3. Inlet Associates v. Assateague House Condominium Ass'nCourt of Appeals of Maryland · 1988
  4. Witsen v. GutmanCourt of Appeals of Maryland · 1894
  5. Faulk v. EwingCourt of Appeals of Maryland · 2002

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