Middleman v. Maryland-National Capital Park & Planning Commission

Henderson, J., delivered the opinion of the Court. On August 9, 1962, the Maryland-National Capital Park and Planning Commission (the Commission) filed suit in the Circuit Court for Prince George’s County against the Mayor and ²⁸⁸ City Council of Laurel and Middleman and Hance. The bill alleged that the town was unlawfully exercising zoning jurisdiction over a parcel of land owned by the individual defendants by issuing a use permit to them, and prayed an injunction against any use of the land other than that permitted under a rural residential classification established upon recommendation of the Commission. The defendant Middleman filed a motion raising preliminary objection under Rule 124 c contending that the plaintiff corporation lacked the legal capacity to sue.

The grounds alleged were (1) that the plaintiff corporation had been invalidly formed in violation of Article III, section 48 of the Maryland Constitution, (2) that it had been formed in violation of Article III, section 33 of the Maryland Constitution, and (3) that it lacked the authority to sue under section 99 of Chapter 780 of the Acts of 1959. The Town of Laurel filed a similar motion on the third ground alone. After hearing, the Chancellor granted the motion on the third ground, and hence found it unnecessary to pass on the Constitutional grounds. An amended bill was then filed, as authorized in the order passed by the Chancellor, bringing in the County Commissioners of Prince George’s County as a new party plaintiff, along with the planning commission.

A motion ne recipiatwr was filed, but subsequently withdrawn. The Town of Laurel and Middleman then filed a joint motion praying that the court decide questions (1) and (2) raised by Middleman in his prior motion. The Chancellor obliged by holding that the Commission had been validly formed, although he stated that those points were moot. Middleman alone entered this appeal, and the Chancellor passed an order staying further proceedings pending the disposition of the appeal.

The Commission filed a motion in this Court praying an early decision on the merits of grounds (1) and (2), reciting that the constitutional issues raised by the appellant pose a serious threat to its credit and the credit standing of both Prince George’s and Montgomery Counties, because of their statutory guarantees of the payment of bonds issued, or to be issued, by the Commission. The motion conceded that the orders appealed from were interlocutory in nature. We advanced the case for hearing. ²⁸⁹ It is well settled that as a general rule an appeal to this Court will lie only from a final order. See Code (1957), Art. 5, sec. 6, and Eisel v. Howell, 220 Md. 584, 587 .

See also Rules 887 and 835. If the Commission had entered an appeal from the first order, it might possibly have been treated as in the nature of a final order, because it put the Commission out of court, even though the case continued in the name of a substituted party. Cf. Hunt v. Tague, 205 Md. 369, 375 , and Concannon v. State Roads Comm., 230 Md. 118, 125 .

But the Commission did not appeal, and in fact acquiesced in the substitution of a new and additional party in an amended bill which was answered by the Town of Laurel. There are, of course, certain interlocutory orders in equity that are appealable under Code (1962 Supp.), Art. 5, sec. 7. One of these concerns the refusal to grant an injunction and both the original and amended bills sought an injunction. However, the order appealed from merely stated that the previous motion raising preliminary objections was denied, as to grounds (1) and (2).

The previous order had granted the motion on the third ground. It is, of course, the established rule that courts do not decide constitutional issues if the case can be decided on other grounds. Cf. Tyler v. The State, 93 Md. 309 , 314 and Jeffers v. State, 203 Md. 227, 230 .

See also 11 Am. Jur. Constitutional Law, § 94 and 16 C.J.S. Constitutional Law, § 94, p. 317. There was no refusal to grant an injunction or any hearing on the merits.

In effect, we are asked to review the advisory opinion of the Chancellor on a moot question, by an appellant who has obtained a stay of proceedings to seek review of a collateral ruling not affecting the outcome of the case. It would seem to be quite immaterial to Middleman, or to the Town of Laurel, whether the issue between them as to validity of the building permit is resolved at the instance of the Commission or of the County Commissioners. It is