Andre v. Montgomery Co. Personnel Bd

In Andre v. Montgomery Co. Personnel Bd., 37 Md. App. 48, 375 A.2d 1149 (1977) the Court held that (1) "the Board erred in concluding that the appellants' 'rights' were not violated," but (2) because the relief requested by appellants was an award of money damages from the county, "the injury in this case is without remedy." Chief Judge Gilbert explained: The potential for promotion is what was wronged, not a right to promotion. The appellants' actual promotions are at best tenuous because, as we have seen, there were other applicants for the same positions, and those applicants also had their potential for appointment or promotion eradicated by the action of the Department. The relief sought from the Board, by the appellants, was not in the best interest of the County service. Patently the Board could not order the promotion of the appellants over the other persons who were on the eligible lists. It could not create a similar promotion for each person in the eligible list. The persons appointed to the vacancies were seemingly eligible therefor and, in any event, were not parties to the proceeding. (37 Md. App. at 62-63.)