Kendall v. Howard County

Summary

The Maryland Court of Appeals held that two Howard County residents lacked standing to challenge County resolutions, ordinances, zoning decisions, and administrative actions allegedly enacted in violation of the Howard County Charter's original-bill and referendum requirements. The petitioners had expressly disclaimed taxpayer standing and did not allege special harm as property owners or any concrete, personal injury to their voting rights. The court affirmed dismissal for lack of standing and did not reach the issue of joinder or the merits of whether the challenged actions were legislative acts.

Holdings

1. Petitioners lacked standing because they alleged only an abstract, generalized interest in requiring Howard County to comply with its Charter and did not allege a concrete, particularized injury or special damage differing in character and kind from that suffered by the general public.
2. The court did not reach the joinder question because the amended complaint failed at the threshold for lack of standing.

Questions Presented

1. Whether petitioners' alleged denial of the opportunity to petition Howard County legislative acts to referendum, together with related asserted First Amendment and voting rights, established the concrete and particularized injury necessary for standing to seek declaratory and injunctive relief.
2. Whether joinder rules applied and whether a public-rights exception to joinder should apply.

Disposition

affirmed