Fire-Rescue v. Board of Elections

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IN THE COURT OF APPEALS OF MARYLAND No. 86 September Term, 2010 MONTGOMERY COUNTY VOLUNTEER FIRERESCUE ASSOCIATION AND ERIC N. BERNARD v. MONTGOMERY COUNTY BOARD OF ELECTIONS AND MONTGOMERY COUNTY, MARYLAND Bell, C.J. Harrell Battaglia Greene Murphy Adkins Barbera, JJ. PER CURIAM ORDER Harrell and Battaglia, JJ., dissent. Filed: September 29, 2010 MONTGOMERY COUNTY VOLUNTEER RESCUE ASSOCIATION AND ERIC N. BERNARD MONTGOMERY COUNTY BOARD OF ELECTIONS AND MONTGOMERY COUNTY, MARYLAND In the * Court of Appeals * v. * of Maryland * No. 86 * September Term, 2010 PER CURIAM ORDER 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. /s/ Robert M. Bell Chief Judge *Judges Harrell and Battaglia would affirm the judgment of the Circuit Court. /s/ Robert M. Bell Chief Judge

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