Supreme Court of Maryland, 1967

Gaither v. Board of Education of Howard County

Gaither v. Board of Education of Howard County
Supreme Court of Maryland · Decided October 12, 1967 · Barnes, Finan, Hammond, HornEy, Marbury
233 A.2d 468; 247 Md. 629; 1967 Md. LEXIS 408 (Atlantic Reporter, Second Series)

Gaither v. Board of Education of Howard County

Opinion

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.

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