Granahan v. Prince George's County

605 A.2d 91, 326 Md. 346, 1992 Md. LEXIS 63
CourtCourt of Appeals of Maryland
DecidedApril 24, 1992
Docket68, September Term, 1991
StatusPublished
Cited by7 cases

This text of 605 A.2d 91 (Granahan v. Prince George's County) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Granahan v. Prince George's County, 605 A.2d 91, 326 Md. 346, 1992 Md. LEXIS 63 (Md. 1992).

Opinions

MURPHY, Chief Judge.

This case involves a real property tax rate limitation imposed by a county charter provision, and whether it restricts the county’s authority to exceed that limitation in order to service the debt incurred on its general obligation bonds issued prior to the enactment of the charter provision.

I.

Prince George’s County, Maryland is organized as a charter county pursuant to Article XI-A of the Constitution of Maryland. By § 817A of the charter, the County is required to “levy ... the amount of taxes required by the budget ... so that the budget shall be balanced as to proposed income and expenditures.”

In August, 1978, a group calling itself “The Tax Reform Initiative by Marylanders” proposed an amendment to the Prince George’s County Charter. From the name of the group came the acronym “TRIM” and, upon enactment and [349]*349ratification of the proposed amendment in 1978, it became known as the “TRIM Amendment” (TRIM I). See Pickett v. Prince George’s County, 291 Md. 648, 650, 436 A.2d 449 (1981). The amendment added § 817B to the charter; it provided, in subparagraph (a), that the County Council “shall not levy a real property tax which would result in a total collection of real property taxes greater than the amount collected in fiscal year 1979.” At that time, § 827 of the charter required that the County, in its bond issue authorization ordinances, pledge its “full faith and credit” to the payment of the bonds and that, to this end, it would raise the necessary monies by ad valorem taxes on real estate “without limitation of rate or amount.” 1

Prior to the enactment of § 817B(a) (TRIM I), the County had issued general obligation bonds to finance capital projects. To avoid a potential conflict between the limitation imposed by § 817B(a) upon the total authorized collection of real property taxes, and § 827’s pledge of the County’s full faith and credit to the payment of the bonds without limitation as to rate or amount, the General Assembly of Maryland, effective June 1, 1980, enacted what is now codified as Maryland Code (1990 Repl.Vol.), Article 31, § 2D, a public general law which prevails over any contrary charter provision. This section provided in subsection (a) that “[a] present or future provision ... [of a county charter] that requires ... that such county pledge its unlimited taxing powers, either as to [the] rate or amount, for the repayment of its indebtedness, shall not be given effect if any other provision of the charter of that county adopted after the provision thereof requiring such pledge is inconsistent with such pledge.” By subsection (d) of § 2D, the provisions of subsection (a) were made applicable “to all bonds issued by Prince George’s County ... prior to June 30, 1981.”

[350]*350It was also provided in § 2D(c) that no charter provision in Prince George’s County “shall impair or be construed to impair the obligation of such county to levy and collect taxes to provide for the payment ... [of] bonds of such county ... to which that county has pledged its unlimited taxing power, and which are outstanding on the effective date of such charter provision.” Section 2D(b) specifies that “[f]or the purpose of providing security for the payment of the [bonds],” the borrowing county, by charter provision or by legislative act, may

“provide for the creation of sinking funds, debt service funds, debt service reserve funds, or other trust funds, including funds held by a corporate trustee, pledged for such payments, (2) ... provide that, in the event that sufficient funds for the timely payment of said principal and interest when due are not available or in the event of a default in the payment of said principal or interest, the first general fund revenues of that county received thereafter shall be applied to the payment thereof in amounts sufficient to make such payment when due or to cure such default as the case may be, and (3) ... pledge any of its revenues to the payment of said principal and interest to the extent provided by said charter provision or legislative act.”

In 1984, § 817B of the charter was amended by adding a new subparagraph (a)(2). This amendment (TRIM II) provided that the County Council

“may levy a real property tax which would result in a total collection of real property taxes greater than the amount collected in fiscal year 1979 if the real property tax rate does not exceed Two Dollars and Forty Cents ($2.40) for each One Hundred Dollars ($100.00) of assessed value.”

In March, 1991, the County Executive for Prince George’s County submitted the Fiscal Year 1992 Proposed Current Expense Budget to the County Council. The anticipated revenues and proposed expenditures contained in the budget resulted in the imposition of a real property tax levy of [351]*351$2.48 per $100.00 of assessed value of real property. The section of the budget entitled “Budget Highlights” provided that “[t]he current tax rate of $2.40 per $100.00 of assessed value will be maintained as support for the General Fund. An additional $.08 per $100.00 of assessed value will be levied to retire Pre-TRIM debt.”

On April 3, 1991, Sharon Baker, a property owner and taxpayer in Prince George’s County, filed a declaratory judgment and injunction action against the County. She alleged that the proposed levy of $2.48 per $100.00 of assessed value was an illegal tax because it exceeded the maximum rate allowed by § 817B(a)(2) (TRIM II).

On May 17, 1991, the Circuit Court for Prince George’s County (Woods, J.) held that the County had the authority to levy the necessary tax for the payment of pre-TRIM bonds in addition to the levy of $2.40 per $100.00 of assessed value permitted by § 817B(a)(2). It held that “to apply the TRIM Amendment, § 817B of the County Charter, retroactively, ... would constitute impairment of contractual rights ... in violation of the United States Constitution.” It said that the County “is not restricted to the property rate of $2.40 per $100.00 of assessed value should the levying of the maximum rate produce insufficient funds to pay the debt service on the pre-TRIM bonds.” The court concluded that the County need not justify its decision to enact the additional $.08 tax assessment because there was no requirement that it include, in the $2.40 property tax rate, “the funding for the retirement of the pre-TRIM obligations.” As to this, the court said that the $2.40 property tax rate limitation imposed by TRIM II was not applicable to the bond obligations incurred by the County prior to the enactment of that amendment to the charter. Relying upon Pickett v. Prince George’s County, supra, the court held that the TRIM Amendment was prospective in its application and therefore did not restrict the County's authority to impose the additional $.08 per $100.00 assessment applicable to the pre-TRIM bond obligations. The TRIM II limitation, it said, applies only to those obligations [352]*352incurred after its enactment, and thus the County was under no duty to include the pre-TRIM debt service in the $2.40 limitation. The court thus declared that the County was authorized to levy the $.08 real property tax to service the pre-TRIM general obligation bonds in addition to the $2.40 levy necessary to meet the post-TRIM obligations and expenses for support and maintenance of the county government.

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Granahan v. Prince George's County
605 A.2d 91 (Court of Appeals of Maryland, 1992)

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Bluebook (online)
605 A.2d 91, 326 Md. 346, 1992 Md. LEXIS 63, Counsel Stack Legal Research, https://law.counselstack.com/opinion/granahan-v-prince-georges-county-md-1992.