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 ...

Tagged with: administrative law criminal law criminal procedure historic preservation 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 ...

Tagged with: administrative law appeals civil procedure contracts land use Maryland Court of Special Appeals opinions statute of limitations

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 ...

Tagged with: administrative law treasury

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 ...

Tagged with: administrative law Attorney-client privilege civil procedure criminal law Jury instructions maryland maryland court of appeals opinions perjury

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 ...

Tagged with: administrative law contract law custody evidence family law Labor & Employment law digest Local Government Tort Claims Act maryland maryland court of appeals Maryland Court of Special Appeals torts U.S. District Court

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 ...

Tagged with: administrative law custody family law maryland Maryland Court of Special Appeals

COURT OF APPEALS Administrative Law, Jurisdiction of Maryland Insurance Administration: The Maryland Insurance Administration possesses primary jurisdiction over plaintiff’s claim that defendant overcharged him for title insurance, and, therefore, plaintiff must pursue his claim initially through an administrative adjudication process. ...

Tagged with: 4th U.S. Circuit Court of Appeals administrative law courts criminal law criminal procedure law digest maryland maryland court of appeals Maryland Court of Special Appeals Miranda rights

MARYLAND COURT OF APPEALS Administrative Law, Disclosure of internal records: Records of a police department internal investigation were “personnel records” under the Public Information Act and, thus, mandatorily exempt from disclosure by the custodian of records, even to the county ...

Tagged with: 4th U.S. Circuit Court of Appeals administrative law civil procedure constitutional law criminal law criminal procedure evidence Labor & Employment law digest maryland maryland court of appeals Maryland Court of Special Appeals parole

Administrative Law Disclosure of internal records BOTTOM LINE: Records of a police department internal investigation were “personnel records” under the Public Information Act and, thus, mandatorily exempt from disclosure by the custodian of records, even to the county Inspector General. ...

Tagged with: administrative law Baltimore civil procedure criminal law evidence maryland maryland court of appeals opinions

Administrative Law Discovery BOTTOM LINE: The administrative Board erroneously excluded defendant-dentist’s expert witness summaries and testimony, and therefore, the Board’s finding that defendant violated several provisions of the Maryland Dentistry Act was vacated. CASE: Maryland State Board of Dental Examiners ...

Tagged with: administrative law confrontation clause discovery maryland Maryland Court of Special Appeals opinions