Opinion

Maryland State Administrative Board of Election Laws v. Talbot County

  • 316 Md. 332
  • 558 A.2d 724
Court
Court of Appeals of Maryland
Filed
Jun 8, 1989
Status
Published
Author
Cole
On the bench
Murphy, Eldridge, Cole, Rodowsky, McAuliffe, Blackwell, Orth
Cited by
23 cases
Authority
More cited than 10.1%

explaining that declaratory judgment is inappropriate where issue is moot or where it will not serve a useful purpose or terminate a controversy

How later courts described this case

  • explaining that declaratory judgment is inappropriate where issue is moot or where it will not serve a useful purpose or terminate a controversy
  • observing that “[j]usticiability encompasses a number of requirements,” including that “the plaintiffs must have standing to bring suit”
  • while the power of direct legislative initiative may constitute a part of the form and structure of government, such power is repugnant to Article XI-A of the Constitution
  • "Because [co-plaintiff] has standing as a taxpayer, and the case could proceed with [co-plaintiff] as the only plaintiff, we need not determine whether the County also has standing to bring the suit.”

Written by the judges who cited it.

The opinion

COLE, Judge,

dissenting:

I dissent for reasons set forth in my dissenting opinion in Cheeks v. Cedlair Corp., 287 Md. 595, 632 , 415 A.2d 255 (1980).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.