The Hon. Stephen H. Kehoe, Circuit Court judge for Talbot County, made good on his promise to move swiftly in the case of Bartlett et al. vs. Talbot County last Friday. Kehoe’s ruling validated the appointment of James Corson to replace Lisa Ghezzi on the county’s Planning and Zoning Commission for a five-year term.
The plaintiffs in the case had made the argument that the outgoing County Council did not have the authority to appoint Mr. Corson since Ms. Ghezzi’s term of office ended after its own legislative session was completed.
The County responded by stating that the outgoing Council did in fact have the power to appoint Mr. Corson by citing Bryan v. Makosky (2004) when the lame duck Talbot County Council in 2002 appointed James Bryan to succeed Linda Makosky.
The Supreme Court of Maryland determined that the lame duck Council did not have the right to appoint Mr. Bryan because Ms. Makosky’s seat would not be vacant until after the newly elected council took office.
The legal arguments made by the plaintiffs and Talbot County’s legal team rested on when, by Charter, the Ghezzi term ended.
In the end, Judge Kehoe noted his reading of Bryan v. Makosky and concluded:
“The Talbot County Council that was sitting on November 22, 2022 served until noon on December 5, 2002. The County Council sitting on November 22, 2022 was within its rights to appoint a member of the Planning Commission for the term that expired on December 2, 2022.
The date of the five-year terms was set by the original appointment of the members of the Planning Commission on December 3, 1974. Id. The duration of these terms of office are clear and unambiguous under the terms of the Talbot County Charter and require no aid in interpretation. Therefore, the County Council validly appointed James Corson to replace Lisa Ghezzi.
Accordingly, the Court will deny the Plaintiffs’ Motion for Summary Judgment, deny Ms. Ghezzi’s Motion for Summary Judgment, deny the County’s Motion to Dismiss, grant the County’s Motion for Summary Judgment and declare that James Corson was lawfully appointed to the Talbot County Planning Commission.”
It is not known at this time if the decision would be appealed.
The Spy commented on this unique case last week in our Editor’s Daybook column.
Reed Fawell 3 says
The Circuit Courts opinion in my view is plainly wrong.
JT Smith says
At the end of oral argument, Judge Kehoe stated that he assumed his ruling would be appealed, whichever way he ruled. It appears that this prospect motivated the judge to “punt” and leave the rather clear-cut matter to resolution by higher authority. It is hard to see how Kehoe’s decision could be upheld— assuming the public spirited citizens who brought this action are willing to undertake the trouble and expense of an appeal. In the meanwhile Talbot residents must bear the potential consequences of yet another seriously wrong headed action by the previous County Council.
Reed Fawell 3 says
I recall seeing the judge’s appearance before the Council at its Dec. 13, 2022 meeting, and wondered at the time if pictures then spoke louder then words. Similar to the very end of the Nov. 22, 2022 last council meeting before the public, right before it went into private session.
Dick Deerin says
Judge Kehoe is a good judge, but he’s wrong on this one.
Eva M. Smorzaniuk MD says
This was an incorrect decision and should be appealed. As noted in previous letters and editorials, the Councils’ term expired at noon of December 5, Ms. Ghezzi’s at midnight on December 5. There was no vacancy at the time they decided to fill it with someone else. Audacious!
Reed Fawell 3 says
Unfortunately, the impression left by this plainly wrong decision by the Circuit Court is that raw political power intimidates and trumps the rule of law yet again in Talbot County.
Michael Davis says
I agree. The impression I have is that political power is more important to fidelity to law in Talbot. The fact that the lame duck board made the appointment as they went out the door is another indication that rules don’t matter.
Jane Bollman says
I hope Judge Kehoe’s decision is appealed. To me it is clear that Lisa Ghezzi should not be replaced in the way it was done.