Please ensure Javascript is enabled for purposes of website accessibility

Tag Archives: real property

Edward J. Levin: Appellate courts deny two claims for easements but establish a third

In two recent cases, the Maryland appellate courts denied requests to declare that easements exist, but in a third the Court of Special Appeals found an easement by necessity. In Clickner v. Magothy River Association, Inc., 424 Md. 253, 35 ...

Read More »

Opinions – 4/23/12: Maryland Court of Special Appeals

Real Property Easements BOTTOM LINE: Defendants were entitled to a declaratory judgment because plaintiff failed to establish a prima facie claim for establishing an ingress/egress easement to his property. CASE: Bacon v. Arey, No. 2339, September Term, 2010 (filed Mar. ...

Read More »

Law digest: 2/21/12

MARYLAND COURT OF APPEALS Civil Rights, Handicap discrimination under county code: Plaintiff’s latex allergy was an impairment which substantially limited her major life activities of socialization and parenting, and thus was a “handicap” within the meaning of the Howard County ...

Read More »

Opinions – 1/17/12: Maryland Court of Appeals

Criminal Law Firearms BOTTOM LINE: A “firearm,” as defined in Public Safety §5-101(h), does not have to be operable in order to sustain a conviction under §5-133(c), which prohibits a person convicted of a crime of violence or offenses related ...

Read More »

Opinions – 1/9/12: Maryland Court of Special Appeals

Civil Rights Fair Housing Amendments Act BOTTOM LINE: During mediation of dispute between disabled tenant and building management company, management company could not have violated Maryland Code, Article 49B §22(a)(9) by holding mediation meeting in a wheelchair-inaccessible location because tenant ...

Read More »

Opinions – 12/27/11: Maryland Court of Special Appeals

Civil Procedure Declaratory judgment BOTTOM LINE: Because of the pending criminal trial against defendant in the district court, the circuit court lacked jurisdiction to issue a declaratory judgment. CASE: Vargas-Aguila v. State, No. 1638, Sept. Term, 2010 (filed Dec. 2, ...

Read More »