Maryland?s highest court tossed out a Republican-backed lawsuit Wednesday that sought to repeal tax increases and a slot machine referendum approved in last year?s special session of the General Assembly.
Judges from the state?s Court of Appeals issued an order upholding the January decision of a Carroll Circuit Court judge dismissing the lawsuit. The judges, who heard arguments Tuesday, did not immediately release a detailed opinion.
Democratic leaders who called the suit frivolous hailed the ruling.
“I think the lawsuit has taken the course of action we all thought it would from the onset,” said House Speaker Michael Busch. “It was a frivolous lawsuit and a waste of taxpayers? dollars.”
A small group of Republicans sought to void the legislation based on a technicality during the November special session, after the Senate adjourned for more than three days without House consent, a violation of a relatively obscure procedural rule in the state constitution.
In January, Carroll Circuit Court Judge Thomas Stanfield said the actions of Democratic leaders were “reprehensible” and “egregious,” but did not negate the legislation approved.
Del. Michael Smigiel, an Eastern Shore Republican who filed the lawsuit, said he stands by his claims and might consider additional action on the slots referendum.
“What parts of the constitution are directory, and which parts are mandatory?” Smigiel said. “We have to protect the constitution.”
Republicans based their arguments on a pair of messages purportedly exchanged between the two chambers three days apart, requesting consent for Senate adjournment and granting House consent.
The messages were written the same day by Chief Clerk Mary Monahan. Smigiel?s attorney, Irwin Kramer, has said the referendum on slot machines illegally shifts revenue-raising authority from the legislature to the public.
