Opinion
No. 86 September Term 2010.
September 29, 2010.
Appeal from the Circuit Court for Montgomery County pursuant to certiorari to the Court of Special Appeals; Robert A. Greenberg, J.
John T. Bentivoglio (Mitchell S. Ettinger, Amy Sarbrin, Teresa A. Alutto-Schmidt, and Emily C. Helms Williams of Skadden, Arps, Slate, Meagher Flom LLO of Washington, D.C.), for appellants.
Kevin Karpinski (Victoria M. Shearer of Karpinski, Colaresi Karp, P.A. of Baltimore, MD; Edward B. Lattner, Chief, Division of Human Resources and Appeals, and Marc P. Hansen, Acting County Atty., of Rockville, MD), for appellees.
Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS, BARBERA, JJ.
For reasons to be stated later in an opinion to be filed it is this 29th day of September, 2010,
ORDERED, by the Court of Appeals of Maryland, a majority of the Court concurring, that the judgment of the Circuit Court for Montgomery County be, and it is hereby, reversed, and the matter remanded to the Circuit Court with directions to enter judgment in favor of Appellants and an order that a referendum on the validity of Montgomery County Council Bill No. 13-10 be placed on the ballot at the General Election to be held on November 2, 2010. Costs to be paid by the Appellees. Mandate to issue forthwith.
Judges Harrell and Battaglia would affirm the judgment of the Circuit Court.
HARRELL and BATTAGLIA, JJ., dissent.