Turnpike Farm Ltd. Partnership v. Curran

PER CURIAM. On August 13, 1987, Turnpike Farm Limited Partnership filed in the Circuit Court for Frederick County an action for money damages against Franklin Shaw, who was then and is now the Mayor of the town of New Market, and against Franklin Shaw’s wife, Shirley Shaw. Turnpike based its claim for damages on the Maryland Antitrust Act, Maryland Code (1975, 1983 ReplVol.), §§ 11-201 through 11-213 of the Commercial Law Article, and the tort of malicious interference with business relationships. Attorneys in the Office of the Attorney General of Maryland, on June 24, 1988, entered an appearance in the action on behalf of Franklin Shaw with respect to Count I of the complaint which alleged the violation of the Maryland Antitrust Act.

Turnpike took the position that the Attorney General’s Office was not authorized to represent Mr. Shaw in the antitrust action. Nevertheless, Turnpike did not file a motion in the antitrust case to disqualify the attorneys from the Attorney General’s Office. Turnpike’s reason for not filing the motion, as conceded in oral argument before this Court, was that the circuit court’s ruling on the motion would not be immediately appealable. See Harris v. Harris, 310 Md. 310 , 529 A.2d 356 (1987); Peat & Co. v. Los Angeles Rams, 284 Md. 86 , 394 A.2d 801 (1978).

Instead, Turnpike filed in the Circuit Court for Frederick County a separate action against the Attorney General, seeking a declaratory judgment that the Attorney General’s Office was not authorized to represent Mr. Shaw in the antitrust suit. This declaratory judgment action is the case now before us on appeal. The Office of Attorney General filed a motion to dismiss with prejudice the declaratory judgment action on the ground that, under Code (1984), § 6-107 of the State