State v. G & C Gulf, Inc.

Summary

The Maryland Court of Appeals held that no justiciable controversy existed because G & C Gulf had not been prosecuted under the challenged towing statute and had not alleged and proved a credible threat of prosecution. The court therefore declined to reach the constitutional challenges to the statute's notice and anti-spotter provisions.

Holdings

1. A litigant challenging the constitutionality of a criminal statute must have been prosecuted for the proscribed acts or must allege and prove a credible threat of prosecution. A general statement that authorities are enforcing the law, or a hypothetical threat arising from the mere existence of the criminal statute, is insufficient.
2. The court declined to reach the constitutional challenges because the absence of a justiciable controversy made the action nonjusticiable and unripe.

Questions Presented

1. Whether a justiciable controversy existed where the plaintiff challenged criminal statutory provisions but had not been prosecuted and had not alleged and proven a credible, specific threat of prosecution.
2. Whether the Court should reach the constitutional challenges to the statutory notice, cost, and spotter provisions.
3. Whether the challenged statutory provisions were arbitrary, oppressive, unreasonable, or void for vagueness, and whether they were severable.

Disposition

remanded