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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 2714 SEPTEMBER TERM, 2007

ANNE ARUNDEL COUNTY ETHICS COMMISSION v. ROBERT J. DVORAK, et al.,

Hollander, Wright, McAuliffe, John, F. (retired, specially assigned) JJ.

Opinion by Hollander, J.

Filed: November 24, 2009

This appeal arises from a seemingly endless battle between the Anne Arundel County Ethics Commission (the "Commission"), appellant, and Phillip Scheibe, Esquire and Robert Dvorak, appellees, who are former senior level employees of Anne Arundel County (the "County").1 The appeal concerns appellees' involvement, after they left County

employment, in class action litigation instituted against the County by various property owners, pertaining to the County's development impact fees. To some extent, the issues are muddled because we have two judicial trains running largely on parallel tracks, with different engineers. As we shall see, however, in this matter the tracks have crossed. On June 4, 2004, the County Executive of Anne Arundel County filed a Complaint with the Commission against appellees, claiming that they violated Public Ethics Law, Article 9,

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Maryland Law