The state’s highest court has voted 4-3 to dismiss a conservative group’s challenge to Montgomery College’s policy of charging discounted “in county” tuition rates to students who graduate from Montgomery County public high schools, regardless of residency or immigration status.
Judicial Watch filed the suit in January 2011, before the General Assembly passed the DREAM Act, which survived a referendum vote this November.
In a one-page order on Tuesday, the Court of Appeals’ majority said the case had become moot. The three dissenters — Chief Judge Robert M. Bell and Judges Glenn T. Harrell Jr. and Clayton Greene Jr. — said they would have heard the petition anyway, “even assuming mootness.” The case is Philips v. Montgomery College, No. 27, Sept. 2012 Term.