Lerch v. Maryland Port Authority

214 A.2d 761, 240 Md. 438, 1965 Md. LEXIS 465
CourtCourt of Appeals of Maryland
DecidedNovember 26, 1965
Docket[No. 268, September Term, 1965.]
StatusPublished
Cited by45 cases

This text of 214 A.2d 761 (Lerch v. Maryland Port Authority) 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
Lerch v. Maryland Port Authority, 214 A.2d 761, 240 Md. 438, 1965 Md. LEXIS 465 (Md. 1965).

Opinions

[441]*441Oppenheimer, J.,

delivered the majority opinion of the Court, in which Prescott, C. J., concurs. Concurring opinion at page 463, infra.

This appeal involves the validity of a proposed issue of revenue bonds by the Maryland Port Authority for the acquisition and construction of an International Trade Center in the port of Baltimore. Under the proposed issue, the Authority may be required to deposit with the trustee under the trust agreement monies which, with the proceeds of the bonds, shall be used to pay the cost of the Center, and the Center is to be conveyed to the trustee as security for the payment of the principal of and interest on the bonds. The trust agreement is to provide that the Authority may make arrangements for the leasing of portions of the Center which may not be devoted to purposes of the Center other than for the production of incidental revenue for expenses and financial obligations of the Authority in connection with the Center. The appellant, a resident, taxpayer, voter, and property owner in Baltimore City, brought a petition in the Circuit Court No. 2 of Baltimore City for an injunction and declaratory relief against the Authority and its members, on the ground that the act of the General Assembly and the Authority’s resolution under which the bonds are to be issued, are unconstitutional, null and void. The appellees answered and a hearing was held at which testimony was taken. The Chancellor filed an opinion holding the statute valid and the Authority’s contemplated action lawful. This appeal is taken from the decree dismissing the bill.

The Authority is an instrumentality of the State of Maryland ; it was created by Chapter 2 of the Laws of Maryland of 1956 (March Special Session), as amended, now codified as Sections 1-25, inclusive, of Article 62B of the Annotated Code of Maryland (1964 Replacement Volume), as amended (the Act).

Section 10 of the Act authorizes and empowers the Authority to issue bonds for the purpose of providing funds for paying the cost of any “port facilities”, which are defined in Section 4 of the Act. Section 10(d) states that bonds issued under its provisions shall not be deemed to constitute a debt of the State or of any political subdivision thereof or a pledge of the faith [442]*442and credit of the State or of any such political subdivision. Section 10 also provides that such bonds “shall be stated to mature at such time or times, not exceeding forty (40) years from their date, as may be determined by the Authority.”

Section 12 provides that bonds issued under the Act “shall be secured by a trust agreement by and between the Authority and a corporate trustee, which may be any trust company, or bank having the powers of a trust company, within or without the state.”

Chapter 602 of the Laws of Maryland of 1965 (Chapter 602) authorized the financing of an international trade center by amending Section 4 of the Act to include an “international trade center” within the definition of the term “port facility” for which bonds might be issued by the Authority under Section 10. Chapter 602, which recited that it took effect from the date of its passage, was signed by the Governor on April 8, 1965; it added the following language to Section 4:

“The term 'port facility’ also shall mean and shall include an international trade center constituting a facility of commerce and consisting of one or more buildings, structures, improvements and areas necessary, convenient or desirable in the opinion of the Authority for the centralized accommodation of functions, activities and services for or incidental to the transportation of persons by water, the exchange, buying, selling and transportation of commodities and other property in international and national water-borne trade and commerce, the promotion and protection of such trade and commerce, and governmental services related to the foregoing and other Federal, State and municipal agencies and services, including but not limited to foreign trade zones, offices, marketing and exhibition facilities, terminal and transportation facilities, custom houses, customs stores, inspection and appraisal facilities, parking areas, commodity and security exchanges, and, in the case of buildings, structures, improvements and areas in which such accommodation is afforded, shall in-[443]*443elude all of such buildings, structures, improvements and areas, notwithstanding that other portions of such buildings, structures, improvements and areas may not be devoted to purposes of the international trade center other than the production of incidental revenue available for the expenses and financial obligations of the Authority in connection with the international trade center.”

On April 8, 1965, the Governor also signed Senate Bill No. 457, which was designated Chapter 603 of the Laws of Maryland of 1965 (Chapter 603). Chapter 603 similarly recited that it would take effect from the date of its passage; it amended Sections 10 and 12 of the Act to provide that the trust agreement securing bonds issued under the Act “in the event that such bonds are issued for the purpose of providing funds for paying the cost of any port facility, may convey or assign such port facility as security for the payment of the principal of and the interest on such bonds.”

On April 9, 1965, the members of the Authority adopted the Resolution which provided for the Authority to proceed with its plan and program for developing an international trade center as contained in a report approved by the Authority on March 24, 1965. The Resolution authorized the following steps, if necessary to make the plan and program feasible:

1. The Authority will issue bonds pursuant to the Act, as amended by Chapters 602 and 603. The Resolution contemplated that the trust agreement securing such bonds may contain
(i) “a provision requiring the Authority to deposit with the trustee under the trust agreement monies in a specified amount simultaneously with the execution and delivery of the trust agreement, which monies, together with the proceeds of the bonds, shall be used to pay the cost of an international trade center in the port of Baltimore,” and
(ii) “a provision conveying or assigning the international trade center to said trustee as security for the payment of the principal of and interest on the bonds [444]*444and authorizing said trustee to sell such international trade center upon default in the payment of principal of or interest on the bonds and to apply the proceeds of sale to the payment of the principal of and interest on said bonds.”
2. The Authority will make arrangements for the leasing of portions of the international trade center “which may not be devoted to purposes of the international trade center other than the production of incidental revenue available for the expenses and financial obligations of the Authority in connection with the international trade center.”

The Resolution provided that the bonds should contain a statement on the face thereof that neither the Authority nor the State nor any subdivision thereof shall be obligated to pay the same or the interest thereon except from revenues and from the proceeds of any security held by the trustee and that neither the faith and credit nor the taxing-power of the State or any political subdivision thereof is pledged to the payment of the principal of or interest on such bonds.

Mr. W.

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Bluebook (online)
214 A.2d 761, 240 Md. 438, 1965 Md. LEXIS 465, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lerch-v-maryland-port-authority-md-1965.