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Local 1715 v. Cumberland

Court of Appeals of Maryland
Sep 15, 2008
956 A.2d 715 (Md. 2008)

Opinion

No. 88 September Term, 2008.

September 15, 2008.

Appeal from the Circuit Court for Allegany County pursuant to certiorari to the Court of Special Appeals; W. Timothy Finan, Judge.

Francis J. Collins (Kahn, Smith Collins, P.A., Baltimore, MD), on brief, for Appellants/Cross-Appellees.

Michael Scott Cohen (Michael Scott Cohen, L.L.C., Cumberland, MD), on brief; David R. Moore, Asst. Atty. Gen. (Douglas F. Gansler, Atty. Gen. of Maryland, William F. Brockman and Sandra B. Brantley, Asst. Attys. Gen., Baltimore, MD), on brief, for Appellees/Cross-Appellants.

ARGUED BEFORE BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and BARBERA, JJ.


For reasons to be stated in an opinion later to be filed, it is this 15th day of September, 2008,

ORDERED, by the Court of Appeals of Maryland, that the judgment of the Circuit Court for Allegany County granting, for the reasons relied on in its Memorandum and Order of September 10, 2008, the Motion for Summary Judgment filed by the Mayor and City Council of Cumberland and the Motion to Dismiss filed by the Allegany County Board of Elections be, and the same is hereby, reversed; and it is further

ORDERED, that this matter be remanded to the Circuit Court for Allegany County for further proceedings, as necessary, but not inconsistent with, for purposes of determining whether Appellants submitted the requisite number of signatures, the following principles:

(a) considering active and inactive voters, as well as the three voters registered only to vote in Cumberland's general elections, in determining the requisite number of signatures;

and

(b) treating the Appellants' July 25, 2008 and August 18, 2008, submissions of signatures as a single submission;

and it is further

ORDERED, costs to be divided equally between the Appellees. Mandate to issue forthwith.


Summaries of

Local 1715 v. Cumberland

Court of Appeals of Maryland
Sep 15, 2008
956 A.2d 715 (Md. 2008)
Case details for

Local 1715 v. Cumberland

Case Details

Full title:INT'L ASSOC. OF FIRE FIGHTERS, LOCAL 1715, CUMBERLAND FIREFIGHTERS, et al…

Court:Court of Appeals of Maryland

Date published: Sep 15, 2008

Citations

956 A.2d 715 (Md. 2008)
956 A.2d 715