Kerpelman v. Board of Pub. Works

ELR Citation: ELR 20269
No(s). 364 (Md. Apr 12, 1971)

Baltimore County resident and taxpayer seeking to nullify state sale of Worcester County marshlands and wetlands to developers on grounds that consideration was so grossly inadequate as to suggest fraud or collusion and that transaction would result in ecological disaster in violation of public trust, is without standing to maintain action. For standing taxpayer must show that as result of objected to action his taxes will be increased. Here, with additional acreage added to state tax roles, plaintiff's taxes will likely be diminished. Alternatively, to achieve standing on the basis of policy disagreement with state body acting pursuant to statute plaintiff must show "a special interest, different from the general interest of a member of the public" in the subject matter of the dispute. Plaintiff's interest here is similar to that of any other citizen of Maryland.

Counsel for Elinor H. Kerpelman
Leonard J. Kerpelman
Equitable Bldg.
Baltimore, MD
(301) 727-8700

Counsel for Board of Public Works of Maryland
John F. Oster Assistant Attorney General
301 W. Preston St.
Baltimore, MD 21202
(301) 383-3737

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