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Opinions – 1/9/12: Maryland Court of Appeals
Administrative Law LEOBR statute of limitations BOTTOM LINE: After law enforcement officer knowingly made a material false statement during an investigation of prior misconduct, law enforcement agency had one year from the day the false statement came to its attention to bring an administrative charge against the officer for making that false statement. CASE: Robinson […]
Opinions – Maryland Court of Appeals: 12/12/11
Administrative Law Medical licensing BOTTOM LINE: Where physician failed to disclose existence of a pending malpractice action against him on his license renewal application, physician violated ethics rules by falsely indicating that he was not involved in a medical malpractice action. CASE: Kim v. Maryland State Board of Physicians, No. 1, Sept. Term, 2011. (filed […]
Opinions – 12/5/11: U.S. District Court, Maryland
Administrative Law Environmental Protection Act BOTTOM LINE: Because biological opinion (BiOp) issued by the National Marine Fisheries Service, which found that registration of the three products without restrictions not previously imposed by the Environmental Protection Act would jeopardize the continued existence of 27 protected species of Pacific salmonids, demonstrated a rational connection be[...]
Opinions – Maryland Court of Appeals: 11/07/2011
Administrative Law Eligibility for Developmental Disability Administration services BOTTOM LINE: Petitioner was a “resident” of Maryland during the time she lived with her father in Maryland, pursuant to an interstate custody arrangement and, therefore, petitioner was eligible for Developmental Disability Administration services while in Maryland. CASE: Cathey v. Board of Review, Department of[...]
Opinions – 10/24/11: Maryland Court of Special Appeals
Criminal Procedure Waiver of Miranda rights BOTTOM LINE: Where defendant did not unequivocally invoke his right to counsel, he waived his Miranda rights and, therefore, the statement defendant made during his custodial interrogation by police was admissible at trial. CASE: Wimbish v. State, No. 1672, Sept. Term, 2009 (filed Sept. 29, 2011) (Judges KRAUSER, Graeff […]
Opinions – 10/17/11: Maryland Court of Appeals
Administrative Law Contested case hearings BOTTOM LINE: Prior to the termination of housing assistance benefits administered pursuant to the Section 8 housing program, the Department of Housing and Community Development must, upon request, provide a “contested case” hearing. CASE: Walker v. Department of Housing and Community Development, No. 97 Sept. Term 2010 (filed Sept. 23, […]
Opinions – 9/26/11: Maryland Court of Special Appeals
Administrative Law Historic preservation BOTTOM LINE: Where homeowner obtained permission from city historic preservation commission to replace his front porch with wood columns, commission’s decision denying his application for after-the-fact certificate of approval of fiberglass columns was not premised on erroneous conclusion of law. CASE: Miller v. City of Annapolis Historic Preservation Com[...]
Opinions – 9/19/11: Maryland Court of Special Appeals
Administrative Law Land use BOTTOM LINE: Defendant adequately articulated its finding that a preliminary subdivision plan was consistent with the land use provisions in Prince George’s County’s General Plan and Master Plan and there was substantial evidence in the administrative record to support that finding. CASE: Naylor v. Prince George’s County Planning Board, No. 2809, […]
Opinions – 9/12/11: U.S. District Court, Maryland
Administrative Law Import restrictions BOTTOM LINE: Coin importer’s complaint, challenging the legality of import restrictions imposed on certain ancient coins under the Convention on Cultural Property Implementation Act, was dismissed for failure to state a claim. CASE: Ancient Coin Collectors Guild v. U.S. Customs and Border Protection, Department of Homeland Security, No. CCB–10–322 (deci[...]
Opinions – Maryland Court of Appeals: 9/6/11
Administrative Law Appeals BOTTOM LINE: In a declaratory judgment action in which plaintiff raised administrative procedure issues relating to defendant’s standing to challenge a decision by the County Planning Board, the Court of Appeals was unable to reach the issues presented because plaintiff failed to exhaust its administrative remedy. CASE: Renaissance Centrol Columbia, LLC v. […]
Law digest: 8/15/11
MARYLAND COURT OF APPEALS Contract Law, Waiver of conditions precedent: A party may waive, by its actions or statements, a condition precedent in a contract, even when that contract has a non-waiver clause; however, whether defendant’s actions amounted to a waiver was a dispute of material fact that could not be resolved on summary judgment. […]
Opinions – 8/15/11: Maryland Court of Special Appeals
Administrative Law Collateral estoppel BOTTOM LINE: Where there was a finding of child neglect in a prior administrative case, the doctrine of collateral estoppel applied to bar the mother’s appeal of the ALJ’s finding of indicated child neglect in a subsequent Child in Need of Assistance case. CASE: Department of Human Resources v. Cosby, No. […]
