Dzurec v. Bd. of Cty. Comm'rs Calvert Cty.

Summary

The Supreme Court of Maryland affirmed summary judgment for the County, holding that the petitioners could not obtain a declaration invalidating the County's Comprehensive Plan based on a commissioner's conflict of interest when voting on a purely legislative act. The court concluded that Maryland common law generally bars judicial inquiry into legislative motivation because of separation-of-powers principles, and that the challenged vote was not an ultra vires act. The court also held that the County Ethics Code did not create an implied private right of action because there was no evidence of legislative intent to create one.