http://www.gazette.net/stories/122807/polinew184021_32355.shtml

GOP suit over legality of special session postponed

Special Appeals court to hear arguments against deposition

Douglas Tallman, The Gazette

December 28, 2007

An attempt to throw out the taxes raised during the General Assembly's special session will have to wait until after the new year - and after some of those tax hikes kick in.

The suit has faced two large delays. In one, the Carroll County judge hearing the case postponed the case until Jan. 4 so the plaintiffs could depose the clerk of the House of Delegates, who was on vacation.

The deposition of Mary Monahan was scheduled for Thursday in Tampa, Fla.

This week, the Court of Special Appeals stayed the deposition while the judges planned to hear an appeal from the Attorney General's Office, adding another delay.

‘‘Obviously these judges are well aware of the case and the importance to rule promptly," said Irwin Kramer, the Owings Mills attorney representing the plaintiffs.

The legislature's top Republicans have sued, claiming that the General Assembly failed to follow a constitutional provision that requires one chamber to give its permission before the other chamber adjourns for more than three days.

During November's 22-day special session, the Senate adjourned for five days after voting on Gov. Martin O'Malley's package of tax increases.

The Republicans claim the legislature did not follow constitutional procedure, and therefore, the special session legislation should be thrown out. During the session, the Democratic majority expanded the sales tax to computer services and increased the sales, income, corporate, tobacco and vehicle titling taxes.

The suit also claims that one of the key elements of the special session - a referendum where voters will decide whether to legalize slot machine gambling - violates a constitutional provision against taking fiscal matters to voters.

The plaintiffs in the suit are Senate Minority Leader David R. Brinkley (R-Dist. 4) of New Market; Senate Minority Whip Allan H. Kittleman (R-Dist. 9) of West Friendship; House Minority Leader Anthony J. O'Donnell (R-Dist. 29C) of Lusby; House Minority Whip Christopher Shank (R-Dist. 2B) of Hagerstown; Del. Michael D. Smigiel Jr., the House minority parliamentarian; and John Pardoe, the owner of Byte Right Support of Baltimore.

Several of the taxes will take effect the first week in January, and some had envisioned a judge's ruling before the levies would take effect. The delay sets up the scenario that the taxes could be collected and then be found unconstitutional.