Marcus v. Montgomery County

261 A.2d 762, 257 Md. 18, 1970 Md. LEXIS 1280

Opinion

Per Curiam.

The appellant, endeavoring to examine certain records ■of the maintenance division of Montgomery County’s public works department, for use in a damage suit which he has filed against the County, chose to proceed under Art. VIII, Sec. 3 of the County’s charter which had been repealed. From an order denying him the relief which he sought, he took this appeal.

At argument before us, the County admitted that it had resisted the appellant’s petition on procedural grounds. Both parties conceded at the argument that the information which the appellant sought: records concerning work done by the County on Henderson Avenue east of Georgia Avenue, including the shoulders thereof, from January 1, 1965 to April 1, 1968; records concerning drainage and road conditions on Henderson Avenue east of Georgia Avenue, from January 1, 1965 to January 1, 1969; and records concerning the matters referred to in the County’s Answers l.(d)-(h) to appellant’s Request For Admission of Facts, could have been gained through depositions as permitted by Chapter 400 of the Rules, and particularly as provided by Rules 405 a 1 and 405 a 2 (b).

The case is hereby remanded, without affirmance or reversal, for such further proceedings as may be deemed appropriate.

Each party to pay their own costs.

Mandate to issue forthwith.