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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 2355 September Term, 2010

TOWN OF OXFORD, ET AL. v. CONSTANTINE KOSTE

Zarnoch, Graeff, Moylan, Charles E., Jr. (Retired, Specially Assigned), JJ.

Opinion by Zarnoch, J.

Filed: April 26, 2012

Which comes first: a law's enactment or a referendum drive? In this case, we consider the classic chicken / egg causality riddle in the legislative / political setting.1 And, in the context of the petitioning to referendum of a municipal annexation resolution, we conclude that the Legislature has required enactment to precede petitioning.2 We turn from the abstract to the concrete. On December 3, 2010, the Circuit Court for Talbot County granted summary judgment in favor of appellee Constantine Koste ("Koste"), a resident and registered voter of the Town of Oxford ("the Town"), appellant. In so doing, the circuit court ruled that signatures on a referendum petition may be collected before the public hearing and final enactment of an annexation resolution. The Town appeals, and presents one question for our consideration, which we have re-phrased: In determining whether a petition for referendum of a municipal annexation referendum complies with Md. Code (1957, 2005 Repl. Vol.) Art. 23A

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Maryland Law