118                                             LAWS OF MARYLAND                                 [Ch. 2

(B)   MUNICIPALITY OR COUNTY AS A PARTY.

IN ANY PROCEEDING WHICH INVOLVES THE VALIDITY OF
A MUNICIPAL OR COUNTY ORDINANCE OR FRANCHISE, THE
MUNICIPALITY OR COUNTY SHALL BE HADE A PARTY AND IS
ENTITLED TO BE HEARD.

(C)   ROLE OF ATTORNEY GENERAL.

IF THE STATUTE, MUNICIPAL OR COUNTY ORDINANCE, OR
FRANCHISE IS ALLEGED TO BE UNCONSTITUTIONAL, THE
ATTORNEY GENERAL NEED NOT BE MADE A PARTY BUT,
IMMEDIATELY AFTER SUIT HAS BEEN FILED, SHALL BE SERVED
WITH A COPY OF THE PROCEEDINGS BY CERTIFIED MAIL. HE
IS ENTITLED TO BE HEARD, SUBMIT HIS VIEWS IN WRITING
WITHIN A TIME DEEMED REASONABLE BY THE COURT, OR SEEK
INTERVENTION PURSUANT TO THE MARYLAND RULES.

REVISOR'S NOTE: This section is new language
derived from Art. 31A, §11. Provisions of
§11 are placed in three subsections for the
purpose of clarity.

In subsection (a),(2), the phrase "except
in a class action" is added. This
exception is consistent with the
representative character of class actions.

Subsection (c) is derived from the last
provision of §11. The language of this
provision is modified to reflect the
present practice. See Maryland Rule 208.

SEC. 3-406. POWER TO CONSTRUE.

ANY PERSON INTERESTED UNDER A DEED, WILL, TRUST,
WRITTEN CONTRACT, OR OTHER WRITING CONSTITUTING A
CONTRACT, OR WHOSE RIGHTS, STATUS, OR OTHER LEGAL
RELATIONS ARE AFFECTED BY A STATUTE, MUNICIPAL
ORDINANCE, ADMINISTRATIVE RULE OR REGULATION,
CONTRACT, OR FRANCHISE, MAY HAVE DETERMINED ANY
QUESTION OF CONSTRUCTION OR VALIDITY, ARISING UNDER
THE INSTRUMENT, STATUTE, ORDINANCE, ADMINISTRATIVE
RULE OR REGULATION, CONTRACT, OR FRANCHISE AND OBTAIN
A DECLARATION OF RIGHTS, STATUS, OR OTHER LEGAL
RELATIONS UNDER IT.

REVISOR'S NOTE: This section presently appears as
Art. 31A, §2.