Circuit Court for Baltimore City
Case No. C

- 24

- CV

- 24

- 001361 I N THE SUPREME COURT Argued: August 28, 2024 OF MARYLAND

No. 3 5

September Term, 202 3

______________________________________

BENEDICT J. FREDERICK, III, ET AL.

v

.

BALTIMORE CITY BOARD OF ELECTION S , ET AL.

______________________________________ Fader, C.J.
, Booth
, Biran
, Gould
, Eaves
, Killough, Glen n T. Harrell , Jr. (Senior Justice, Specially Assigned)
,

JJ.

Filed: August 2 9 , 2024 ______________________________________
PER CURIAM ORDER

______________________________________BENEDICT J. FREDERICK, III, ET AL

.

v

.

BALTIMORE CITY BOARD OF ELECTION S
, ET AL

. *

*

*

*

*

* IN THE

SUPREME COURT

OF MARYLAND

No. 3 5

September Term, 202 3

PER CURIAM ORDER
Upon consideration of the filings by Benedict J. Frederick, III, et al. , the appellant s , 1

and the Baltimore City Board of Elections, et al. , the appellee s , 2 and oral argument

conducted on August 2 8 , 202 4
, Whereas, Renew Baltimore submitted a petition to amend the Baltimore City

Charter to include a cap on the City’s real property tax rate beginning in fiscal year 2026 ;

and

Whereas, the Election D irector of the Baltimore City Board of Elections denied

certification of the petition as he determined that the petition would lead to a result

prohibited by law ; and

Whereas, the appellants filed a complaint on July 12, 2024 and an amended

complaint on July 18, 2024; and

1 The other named appellants are Matthew W

. Wyskiel, III and Stacie Teal

- Locust.

2 The other named appellees are Armstead B.C. Jones, Sr.
, Director of the Baltimore City Board of Elections ; Scherod C. Barnes
, President of the Baltimore City Board of Elections ; and the Mayor and City Council of Baltimore . The State Board of Elections is also an appellee but has not taken a position on the merits of the dispute

.2 Whereas, o n July 26, 2024, the appellants filed an e mergency p etition for j udicial

r eview or a lternatively for s ummary j udgment, the Baltimore City Board of Elections filed

a m otion to d ismiss or a lternatively for s ummary j udgment, and the Mayor and C ity

C ouncil of Baltimore filed a m otion for s ummary j udgment; and

Whereas, the p arties participated in a hearing on August 8, 2024, be fore the circuit

court ; and

Whereas, on August 9 , 2024, after a hearing, the circuit court signed order s granting

summary judgment in favor of the Baltimore City Board of Elections and the Mayor and

City Council of Baltimore and denying the appellants’ motion for summary judgment ; and

Whereas, the appellants noted a direct appeal from the circuit court’s judgment to

this Court pursuant to § 6

- 209 (a)(3)(ii) of the Election Law Article; and

Whereas, on August 28, 2024, this Cou rt held oral argument,

Now, therefore, for reasons to be stated later in an opinion to be filed, it is this 2 9 th

d ay of August, 2024
, by the Supreme Court of Maryland,

ORDERED
, that the Order s signed by the Circuit Court for Baltimore City on

August 9, 2024 granting summary judgment in favor of the Baltimore City Board of

Elections and the Mayor and City Council of Baltimore and denying the appellants’ motion

for summary judgment are hereby AFFI RMED

. The circuit court correctly determined

that the proposed charter amendment impermissibly sets the property tax rate in a manner

inconsistent with § 6

- 302 (a) of the Tax Property Article and, therefore, cannot be presented3 on the November 2024 general election ballot. Costs are to be paid by the appellants and

t he mandate shall issue forthwith.

/s/ Matthew J. Fader Chief Justice