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Appellate Briefs

Court of Appeals of Maryland

Rios v. Montgomery County (CSA & CA) -- Local Government Tort Claims Act -- notice of claim -- effect of claimant's minority on 180-day notice period. CSA held that the 180-day notice period is not delayed until the plaintiff reaches 18 years of age, but runs from the date of the injury. Reported at 157 Md. App. 462 (2004); cert. granted at 383 Md. 211 (2004); Argued January 7, 2005. Court of Appeals affirmed at 386 Md. 104 (2005).

Remes v. Montgomery County (CSA & CA) -- Building permit -- subdivision -- merger of lots. Court of Appeals took this case after briefs were filed in the CSA but before oral argument. Issue involves whether two lots owned by the same person merged by operation of law and prevented the subsequent sale of one lot as well as the issuance of a building permit for that lot. The Court of Appeals held that the doctrine of merger applies and the buidling permit was issued erroneously. Decision reported at 387 Md. 52, 874 A.2d 470 (2005).

Montgomery County Board of Education v. Horace Mann (CSA & CA) -- Insurance -- employer obligation to defend. Teacher sued for child abuse denied coverage under self-insurance fund, because the conduct was not within the scope of her employment. CSA affirmed circuit court decision that there was a potentiality that the conduct was within the scope of employment and, therefore, covered. Reported at 154 Md. App. 502 (2003); Court of Appeals affirmed at 383 Md. 527 (2004).

Heery International, Inc. v. Montgomery County -- Does Maryland law authorize an administrative agency to decide what claims are within its jurisdiction or can a contractor seek mandamus or injunction to obtain a judicial determination of the agency's jurisdiction. Argued October 5, 2004; Court of Appeals affirmed on December 6, 2004, at 384 Md. 129 (2004).

Muthukumarana v. Montgomery County -- Should police department dispatcher be held to have a special duty to a person who calls 911 for assistance when no affirmative acts induced reliance on police protection. CA affirmed August 26, 2002; decision reported at 370 Md. 447 (2002).

Tyma v. Montgomery County -- Domestic Partners Benefits Act -- statutory validity -- conflict/preemption -- declaratory judgment. CA affirmed June 14, 2002; decision reported at 369 Md. 497 (2002).

Moore v. Norouzi consolidated with Mendelson v. Brown -- Local Government Tort Claims Act -- notice of claim -- substantial compliance -- good cause. CA reversed and held that notice to a claims administrator instead of the County Executive substantially complied with the notice requirement and supplied good cause for failure to notify the County Executive directly. Opinion filed September 25, 2002; reported at 371 Md. 154 (2002).

Amicus Participation

Harford County v. Saks Fifth Avenue Distribution Company (CA) -- Taxation -- interest -- erroneous report. The Tax-Property Article does not require a local government to pay interest on a personal property tax refund where the error made by the reporting taxpayer was corrected through an amended report and not through an appeal to the tax court.

Yox v. Tru-Rol Company (CA) -- Workers' compensation -- determination of when an employee is disabled for purposes of filing a claim for hearing loss. Court ruled that "disablement" occurs when the employee suffers the requisite degree of hearing loss and has actual knowledge that the disablement is caused by his employment. Reported at 380 Md. 326, 844 A.2d 1151 (2004).

Edwards Systems Technology v. Corbin (CA) -- The General Assemby created a private right of action for violations of local employment discrimination laws in Baltimore County, Howard County, Montgomery County, and Prince George's County by enacting Md. Ann. Code art. 49B, § 42 and § 43. Reported at 379 Md. 278, 841 A.2d 845 (2004).

Court of Special Appeals of Maryland

Montgomery County v. Post -- Judicial review -- standard of review -- no reversal by default. The circuit court abused its discretion in denying the motion for reconsideration, because dismissal is the sole remedy for the failure to transmit the agency record timely, and the court may reverse the agency's decision only upon reviewing the record to determine whether it contained substantial evidence to support the agency's findings and whether the agency applied correct principles of law. CSA reversed and remanded the case for the circuit court to apply the judicial review standard. Reported at 888 A.2d 1224 (2005).

Del Marr v. Montgomery County -- Workers' compensation. The circuit court granted summary judgment to the County where the Commission's order provided for a credit based on payments of money rather than based on the number of weeks. Affirmed and reported at 2006 Md. App. LEXIS 77 (June 5, 2006).

Jackson v. Housing Opportunities Commission -- Negligent retention -- negligent supervision. Circuit Court granted summary judgment for HOC where it conducted a reasonable investigation of its employee's actions and the alleged conduct occurred outside the scope of his employment. Argued in November 2005.

Webb v. Montgomery County -- Condemnation -- right of first refusal. The circuit court denied the Webbs' request for right of first refusal where the condemnation action had concluded almost nine years earlier by entry of a consent judgment. Affirmed in an unreported opinion April 2006.

Kramer v. Montgomery County Revenue Authority -- Condemnation -- airpark. The Revenue Authority exercised its condemnation authority to acquire properties located within the runway protection zone of the Airpark. Argument held January 9, 2006.

Hyder v. Montgomery County -- Landlord-tenant -- calculation of 30 days notice required to terminate a lease. CSA issued a reported decision affirming the Commission's decision that a tenant gave timely notice based on a reasonable construction of the lease terms. Reported at 160 Md. App. 482 (2004), cert. denied, April 8, 2005.

Kensington Volunteer Fire Department v. Montgomery County -- Attorney's fees. Case raises issue of whether a volunteer firefighter and volunteer fire department may obtain attorney's fees from the County. CSA held that a volunteer firefighter is entitled to attorney's fees under County law when the County files a petition for judicial review of a Merit Board decision to the Circuit Court. Reported at 163 Md. App. 278, 878 A.2d 662 (2005).

Montgomery County v. Smith -- Workers' compensation -- off-duty recreation -- not accidental injury within the scope of employment. CSA reversed circuit court's finding that off-duty recreation could constitute an accidental injury; decision filed June 3, 2002; reported at 144 Md. App. 548 (2002).

Heartwood 88, Inc. v. Montgomery County -- Tax sales -- A tax sale purchaser is not entitled to the redemption rate of interest when the County voids a sale on property that had not fallen in arrears in the tax payment. Reported decision at 156 Md. App. 333, 846 A.2d 1096 (2004).

Montgomery County v. Jamsa -- Attorney's fees. Whether merit board can consider and award attorney's fees for proceedings in the appellate courts. CSA held that the merit board can do so. Reported decision at 153 Md. App. 346, 836 A.2d 745 (2003).

Montgomery County v. Ridge and Montgomery County v. Rotwein -- Zoning -- variances. Both cases involve the issue of whether the Board of Appeals may consider the location of structures on the property when evaluating the elements of the zoning ordinance for granting a variance. CSA reversed and remanded the case in Ridge for the Board to make specific findings regarding the factors to determine uniqueness. Unreported decision December 21, 2005.

Stamoulis v. Callithea Farm -- Right of first refusal. Whether designation of property for parkland in a master plan creates a basis for an inverse condemnation claim. CSA affirmed in an unreported decision.

Hennessy v. Montgomery County -- Department used the rule of five method of promotion. The merit board satisfied merit system principles when it determined that a retroactive promotion should be used as a remedy only when a person would have been promoted but for a flaw in the promotional process. Unreported decision affirming merit board decision finding that flaws in the promotional process did not rquire retroactive promotion to the officer because it was not clear that promotion would have occurred without the flaws.

Montgomery County v. Falcinelli -- Promotional examination meets the requirements of the merit system as long as it is fairly administered and tests proper subjects. Unreported decision reversing circuit court decision that the test violated the merit system.

Montgomery County v. Wildwood Medical Center, LLC -- Tax exemption statutes are construed narrowly -- transfer of property from individuals to LLC is not tax-exempt transfer.

Court of Appeals for the Fourth Circuit

Frank Krasner Enterprises, Inc., Montgomery County v. (Krasner's brief); amicus brief -- Standing -- preemption -- gun shows -- municipalities -- spending restraint -- free speech -- equal protection. District Court of Md. opinion located at 166 F. Supp. 2d 1058 (2001); appeal to 4th Cir. at 60 Fed. Appx. 471 (4th Cir. 2003). After remand, District Court opinion; County's brief on appeal. Fourth Circuit reversed for plaintiffs' lack of standing. Reported at 401 F.3d 230 (4th Cir. 2005).

Rich v. Montgomery County -- Animal control -- search warrant. Affirmed.

Guerra v. Montgomery County -- Civil rights -- accidental shooting. Case involved analysis of whether officer's actions were objectively reasonable during a traffic stop that resulted in an accidental shooting. Affirmed in an unreported decision.

Turner v. Kight -- Civil rights -- strip search -- temporary detention. Case arose from the arrest and detention of an individual who claimed that she was strip searched and denied medical care. Affirmed in an unreported decision.

Last edited: July 11, 2006