Maryland case law › Gaither v. Board of Education of Howard County

Gaither v. Board of Education of Howard County

247 Md. 629 (1967) · Court of Appeals of Maryland
Court of Appeals of MarylandDisposition: AffirmedPer Curiam✓ Good law
HoldingTaxpayers and property owners of Howard County filed a bill of complaint and an amended bill seeking to prevent the Board of Education from acquiring a site for an elementary school and from spending public funds or selling bonds to purchase, condemn, and build on the site.

Per Curiam. Appellants, taxpayers and property owners of Howard County, sought by a bill of complaint and an amended bill to prevent the Board of Education of that County from acquiring a site on which to build an elementary school and from spend 631 ing public funds or selling bonds for the purchase and condemnation of the site and the erection of a school building thereon. Judge Macgill sustained the demurrers to the original bill and to the amended bill, holding that the allegations in both bills either were conclusions without factual support, or were so general or vague as to be meaningless, or sought to rely on statutes which were inapplicable either factually or legally. We think the ruling on each demurrer was right under the cases which Judge Macgill found to control, such as Wiley v. Board of School Commissioners, 51 Md. 401 , Coddington v. Helbig, 195 Md. 330 , and Dixon v. Carroll County, 241 Md. 700 .

Orders appealed from affirmed with costs.