John M. Tyson, Jr.

Summary

The court held that the circuit court had subject-matter jurisdiction to entertain a quo warranto action challenging an alleged usurpation of local executive authority and to issue injunctive relief in aid of that jurisdiction. It nevertheless reversed the preliminary injunction because the Governor could direct a special prosecutor to enforce gambling laws statewide when the Governor determined that local enforcement was inadequate. The court also granted mandamus, holding that the assistant district attorney could represent the special prosecutor because the State had an interest in defending his authority.