Legal Opinion · Dissent

Greenbelt Homes, Inc. v. BOARD OF EDUCATION OF PR. GEORGE'S CTY.

Court of Appeals of Maryland

Decided January 5, 1968No. [No. 687, September Term, 1966.]Published

1DissentBarnes, J.

I dissent because, in my opinion (1) the allegations of fact in the bill of complaint, with all reasonable inferences from the alleged facts taken in favor of the plaintiffs, state a cause of action in equity against the Board and (2) the lower court abused its discretion in permitting the Board to withdraw its answer to the bill of complaint, file a second demurrer and “supplement” it with a trial memorandum, and then sustain the demurrer and dismiss the bill of complaint after the lower court had previously overruled the Board’s demurrer and its motion for summary judgment.(1)

It is well…

2Cases cited10 opinions

  1. Bryniarski v. Montgomery County Board of AppealsCourt of Appeals of Maryland · 1967
  2. De Loach v. Crowley's, Inc.Court of Appeals for the Fifth Circuit · 1942
  3. Baylis v. CITY COUNCIL OF BALTIMORECourt of Appeals of Maryland · 1959
  4. Tauber v. Montgomery County CouncilCourt of Appeals of Maryland · 1966
  5. Brucker v. BensonCourt of Appeals of Maryland · 1989

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