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Law digest: 3/19/12


Tax Law, Statute of Limitations: Statute of limitations in §13-1104(c)(2)(i) of the Maryland Tax-General Article began to run on refund claim on the date that Internal Revenue Service issued its report, in a Form 4549A, identifying adjustments to personal tax liability resulting from partnership audit. King v. Comptroller of the Treasury, No. 32, Sept. Term, 2011. RecordFax No. 12-0224-20.


Civil Procedure, Motion to transfer: The circuit court abused its discretion in granting defendant’s motion to transfer on the grounds of improper venue and/or forum non conveniens. DiNapoli v. Kent Island, LLC, No. 2506, September Term, 2010. RecordFax No. 12-0301-03.

Evidence, Hearsay: The victim’s statements, made in a recorded interview between a social worker and the victim, did not fall within an exception to the hearsay rule pursuant to Rules 5-616(c)(2) and 5-802.1 and, therefore, the circuit court erred in admitting the recorded interview. Hajireen v. State, No. 232, September Term 2011. RecordFax No. 12-0302-06.

Real Property, Easement of necessity: The evidence was sufficient to establish an easement of necessity in favor of plaintiffs across the property of the defendants. Purnell v. Beard & Bone, LLC, No. 1861, September Term, 2009. RecordFax No. 12-0301-00.

Zoning, Exhaustion of administrative remedies: Plaintiff’s requests for writs of mandamus and for declaratory relief to enforce compliance with the Baltimore County Code and Charter and the zoning regulations were denied because administrative remedies were available to resolve plaintiff’s complaints. Falls Road Community Assoc. v. Baltimore County, No. 2133, September Term, 2010. RecordFax No. 12-0301-02.


Bankruptcy Law, Class actions: With regard to former employees’ attempted class action lawsuit for unpaid wages from corporation which filed petition for bankruptcy, district court did not abuse its discretion in concluding that bankruptcy process for handling creditor claims against corporation on an individual basis was superior to class action process. Gentry v. Siegel, No. 10-2418. RecordFax No. 12-0202-60.

Freedom of Information Act, Residents-only restriction: “Citizens-only” provision of Virginia’s Freedom of Information Act did not violate non-resident plaintiffs’ fundamental rights under Privileges and Immunities Clause of equal access to information or to pursue a common calling. McBurney v. Young, No. 11-1099. RecordFax No. 12-0201-61.