ZARNOCH, J.
In this case, a group of Howard County residents have challenged the validity of more than 100 land use actions taken by the County over the last two decades. Having been rebuffed by the federal courts, see infra at 3, in the Fall of 2009, appellant Paul F. Kendall and three other residents ("Kendall" or "Kendall appellants") filed a complaint against the County in the Circuit Court for Howard County seeking a declaratory judgment that various County resolutions, ordinances, zoning decisions and administrative actions violated provisions of the County Charter. The County filed a motion to dismiss, raising procedural and jurisdictional objections to the lawsuit. After a hearing in February 2010, the circuit court granted the County's motion and dismissed the complaint. This appeal followed.
Kendall has raised the following issues for our review:
In 1994, by charter initiative, citizens of Howard County placed on the ballot and won voter approval of a charter amendment, which in its present form provides:
Howard County Charter, § 202(g)1.
The Kendall appellants became dissatisfied with the County's compliance with the 1994 Charter Amendment. As noted in their 2009 complaint in the circuit court:
In 2009, Kendall and other County residents, filed suit in U.S. District Court for the District of Maryland to challenge these alleged violations on federal constitutional grounds. The County defendants moved to dismiss, arguing that the plaintiffs lacked standing to pursue their action and that the court should abstain from deciding the state law issues inherent in their claims. The District Court granted the motion in part, ordering abstention so that the plaintiffs could bring their claims in State court. Kendall v. Howard County, 2009 WL 2358359, 2009 U.S. Dist. LEXIS 65829.
Taking action on two fronts, the plaintiffs in the federal suit noted an appeal and the Kendall appellants filed their declaratory judgment action in State court. Before their case was argued in this Court, the U.S. Court of Appeals for the Fourth Circuit rejected their appeal on a different basis than the district court—lack of standing. Kendall v. Howard County, 424 Fed.Appx. 232 (4th Cir.2011). This concluded the federal litigation.
In their complaint in the circuit court, the Kendall appellants indicated that each has been "a taxpayer,
After the County moved to dismiss and the court heard argument, the circuit judge issued the following ruling from the bench:
In review of a circuit court's grant of a motion to dismiss, we must determine whether the court was "legally correct." Hrehorovich v. Harbor Hosp. Ctr., Inc. 93 Md.App. 772, 785, 614 A.2d 1021 (1992). The "grant of a motion to dismiss is proper if the complaint does not disclose, on its face, a legally sufficient cause of action." Id. In review of the complaint, we "presume the truth of all well-pleaded facts ... along with any reasonable inferences derived therefrom." Higginbotham v. PSC, 171 Md.App. 254, 264, 909 A.2d 1087 (2006). We will affirm the dismissal if "the facts and allegations, so viewed, would nevertheless fail to afford plaintiff relief if proven." Id.
The Kendall appellants ground their standing to sue in "the right to referendum and vote granted to the People of Howard
On the necessary parties issue, Kendall contends:
Appellants also state that dismissal was not the appropriate remedy if necessary parties are found lacking. Rather, they assert the court should have ordered such persons to be joined as parties. Kendall also argues that when "public rights" are at stake, there is no need to apply the traditional rules governing joinder. The County responds that the Kendall appellants ignore "the real-world consequences" of their requested relief, noting:
Turning to the circuit court's ruling on the exhaustion of administrative remedies, Kendall argues that there is no administrative mechanism to directly challenge the facial validity of the ordinances, resolutions and some of the land use actions at issue and that the appellants do not live in close enough proximity to the affected properties to have standing to invoke an administrative remedy. See generally Ray v. Mayor & City Council, 203 Md.App. 15, 36 A.3d 521 (2012). The County disagrees, contending that administrative remedies did exist for the land use actions challenged in Counts II and III of the Complaint.
With respect to the alternative grounds for the dismissal of Kendall's action, viz. necessary parties and exhaustion of administrative remedies, both sides in this appeal make some valid points.
In light of the gargantuan nature of Kendall's lawsuit, it is inconceivable that many property owners would not be adversely affected by judicial invalidation of land use decisions previously thought settled. It is no answer to suggest that such absent parties pick up the pieces after judicial invalidation has occurred. On the other hand, it is equally inconceivable that every single one of Kendall's land use claims requires a necessary party determination. In addition, the Court of Appeals has said that when a necessary party objection has been raised, "ordinarily dismissal
This is equally true with respect to the failure to exhaust. While many of the land use decisions challenged may have triggered exhaustion concerns, it seems unlikely that each and every one of them would. Moreover, in its brief, the County argues that land use actions challenged in Counts II and III of the complaint should have been dismissed on these grounds. However, it does not contend that dismissal with respect to allegations in Counts I and IV could be sustained solely for a failure to exhaust.
Although neither lack of necessary parties nor a failure to exhaust administrative remedies would support dismissal of Kendall's complaint in its entirety, the appellants face a more formidable hurdle in the County's objection to their standing to bring this declaratory judgment action. For standing purposes, the Kendall appellants have placed all their eggs in a single basket labeled referendum and voting.
Hence, the contention that the circuit court erred in rejecting their standing for failure to demonstrate a particularized harm.
In our view, Kendall's premises cannot be accepted uncritically. First, Akins' holding is not as unequivocal as appellants appear to suggest. In that case, the Supreme Court concluded that a group of voters had standing to challenge a Federal Election Commission decision dismissing their complaint that a particular organization was a political committee subject to federal disclosure requirements. However, Akins distinguished the case where a voter's alleged injury is not only "widely shared," but also of "an abstract and indefinite nature," such as a concern for "obedience to law." 524 U.S. at 23-24, 118 S.Ct. 1777. See also Schlesinger v. Reservists Committee to Stop the War, 418 U.S. 208, 223, 94 S.Ct. 2925, 41 L.Ed.2d 706 (1974) ("The injury asserted in Baker [v. Carr, 369 U.S. 186, 82 S.Ct. 691, 7 L.Ed.2d 663 (1962)] was ... a concrete injury to fundamental voting rights, as distinguished from the abstract injury in nonobservance of the Constitution asserted by respondents as citizens.")
In our view, this is the essence of Kendall's claim—the County's alleged failure to comply with the 1994 Charter amendment by not enacting ordinances with respect to certain land use actions. Contrary to the authorities Kendall cites, where, generally, alleged failures in the petition process were at issue, or electoral issues were in the forefront, voting and referendum is decidedly in the background of appellants' action. In a proper case, their grievance could be litigated without any reliance on voting rights. See e.g., Inlet Associates v. Assateague House Condominium Assoc., supra. (Taxpayers successfully challenged a municipality's conveyance of a property interest by resolution rather than ordinance).
Kendall's challenge is several steps removed from an electoral / voting rights setting. This is apparent from the case upon which they place principal reliance, Bishop v. Bartlett, 575 F.3d 419 (4th Cir. 2009). There, four North Carolina citizens challenged the process by which a State constitutional amendment was adopted. They argued that they had standing as voters to attack an allegedly misleading ballot description of the measure. Id. at 421-22. The U.S. Court of Appeals for the Fourth Circuit rejected the standing of voters to bring such a claim. Id. at 421. As an alternative basis for standing, one of the plaintiffs alleged that he had standing because the constitutional amendment would have allowed the funding of certain projects without a required referendum and he was a resident of a city in which financing bonds were preliminarily approved without a referendum. Thus, he was deprived of the right to vote on the project. Id. In response, the federal appellate court said:
Id. (Emphasis added). In essence, the Fourth Circuit held that for standing purposes, the right to vote was implicated when the referendum should have been held. In the case of a compulsory referendum, which was the type at issue in Bishop, the election is automatic and the right to vote is undeniably affected. However, in the case of referendum by petition, the
Id. at 897. Significantly in Green, the incorporation petition had been signed by more than two-thirds of qualified voters, id. at 894, so that the requirements for a referendum had been satisfied and a right to vote in the election arose.
In this case, the Kendall appellants have not initiated the referendum process for any of the challenged land use actions. Moreover, because 1500-5000 valid signatures would have been required under Section 211 of the County Charter, they could not have guaranteed that sufficient signatures would have been gathered and an election held on any of the land use actions. In the words of Bishop, the "critical point" implicating the right to vote has not yet been reached. In the words of Baker v. Carr, supra, a "concrete injury" to fundamental voting rights has not yet occurred. What we are left with is Kendall's assertion of an abstract, generalized interest in the County's compliance with § 202(g) of the Charter. This is insufficient as a matter of law to confer voter standing on the appellants. For these reasons, the circuit court did not err in dismissing the declaratory judgment action and its decision must be affirmed.