Serota v. Hoover
Docket: No. 50
Court: Court of Appeals of Maryland; February 4, 1969; Maryland; State Supreme Court
The case concerns a legal dispute involving the Citizens’ Committee of Section 5 in the Village of Chevy Chase, which sought to construct a sidewalk on Brookville Road, a state road. The Montgomery County Code, specifically Chapter 63, outlines the authority and funding for the Citizens’ Committee, which is permitted to use county road tax funds for maintenance and repair of public roads within its jurisdiction. In 1960, the Citizens’ Committee advertised for bids to construct a macadam curb and sidewalk on Brookville Road, obtaining the necessary permit from the Maryland State Roads Commission. The cost of the project exceeded $500, prompting allegations from local taxpayers that the Committee lacked authority to construct within the state right-of-way and had violated bidding requirements stipulated in Section 63-5 of the Montgomery County Code. After motions for summary judgment were filed by both parties, the trial court issued a partial ruling, agreeing with the Committee's position that they could use other funds to build sidewalks within Section 5, but not from the county road tax for construction on state property. The court maintained that bidding processes must be followed for expenditures over $500. The judgment of the Circuit Court was affirmed, confirming that the Citizens’ Committee could not use county road tax funds for the sidewalk on Brookville Road but could utilize other funds for sidewalk maintenance and construction within Section 5. Both parties were ordered to share the costs of the proceedings.