Justia Government & Administrative Law Opinion Summaries

The Court of Appeals affirmed the judgment of the appellate court concluding that the circuit court erred in determining that there was no public road over the parcel of real property in St. Mary's County at issue in this case but did not err in determining that the County owned the property in fee simple absolute, holding that the appellate court did not err.The trustee of the Wilkinson Family Trust sued the Board of County Commissioners of St. Mary's County asserting ownership of the property at issue. The circuit court found that the County owned the property in fee simple absolute and that no public road existed on the property. The appellate court vacated the judgment and remanded the case. The Court of Appeals affirmed, holding that the appellate court (1) did not err in concluding that the County owned the property in fee simple absolute; and (2) did not err in holding that, as a matter of law, a public road was established on the property by dedication. View "Bd. of County Commissioners v. Aiken" on Justia Law

The Court of Appeals affirmed the judgment of the appellate court dismissing Appellant's appeal of the circuit court's ruling affirming the judgment of the Maryland Commission on Civil Rights finding no probable cause to believe that Krav Maga MD, LLC (KMMD) engaged in disability discrimination, holding that the appellate court correctly dismissed Appellant's appeal.Appellant alleged that KMMD, her gym, engaged in disability discrimination by deleting a comment that Appellant had posted on the gym's Facebook account relating to her disability and then later by terminating her membership. The Commission ultimately found no probable cause the find that KMMD had discriminated against Appellant based on her disability. The circuit court affirmed the Commission's finding of no probable cause. On appeal, the appellate court ruled that it lacked jurisdiction to consider Appellant's appeal. The Court of Appeals affirmed, holding that the appellate court correctly dismissed Appellant's appeal. View "Rowe v. Md. Comm'n on Civil Rights" on Justia Law

The Court of Appeals affirmed the judgment of the circuit court holding that Md. Code Ann., Elec. Law 8-103(b)(1) is constitutional, determining that the State Board of Elections had proven the existence of emergency circumstances, and permitting the State Board to begin canvassing absentee ballots on Oct. 1, 2022, holding that there was no error.In connection with the November 8, 2022 general election the State Board petitioned the circuit court to authorize local boards of election to begin canvassing absentee ballots on October, 2022, seeking the authority under section 8-103(b)(1). The State Board alleged that emergency circumstances existed that interfered with the electoral process because the State's combined experience with absentee ballots and elections led to the conclusion that the volume of absentee ballots it was likely to receive during the 2022 general election could not be processed in a timely manner if local board could not start canvassing the ballots until after the election. Daniel Cox intervened and opposed the petition, arguing that section 8-103(b)(1) violates separation of powers principles and that the forecasted problems did not constitute "emergency circumstances." The circuit could granted judgment for the State Board. The Court of Appeals affirmed, holding that the Cox was not entitled to relief on his assignments of error. View "In re Petition for Emergency Remedy of Bd. of Elections" on Justia Law

The Court of Appeals affirmed the judgment of the appellate court affirming the circuit court's judgment reversing the determination of the Board of Public Works that a decision of the procurement officer for the Department of General Services (DGS) was arbitrary and capricious, holding that the procurement officer's decision was not arbitrary or capricious.The Maryland Department of General Services (DGS), on behalf of the Maryland Insurance Administration (MIA), issued a request for proposal (RFP) for office space. Montgomery Park was originally named the awardee, but through its procurement officer, DGS cancelled the RFP before the award was presented to the Board for approval. Thereafter, the procurement officer renewed MIA's existing lease between MIA and the leased premise. Montgomery Park filed two bid protests, which the procurement officer denied. The Board overturned the procurement officer's decisions determining that they violated Maryland procurement law. The circuit court reversed, and the appellate court affirmed. The Court of Appeals affirmed, holding that (1) the procurement officer's decision to cancel the RFP was not arbitrary or capricious; and (2) Montgomery Park lacked standing to protest the renewal of the existing lease between MIA and St. Paul Plaza. View "Montgomery Park v. Md. Dep't of General Services" on Justia Law

The Court of Appeals affirmed the judgment of the circuit court affirming the determination of the Planning Board that Amazon Services, LLC's's proposed use of property it owned in Prince George's County fell within the definition of "Warehouse" under section 27 of the Prince George's County Code and was, therefore, permitted by right at the property, holding that the district court did not err.Amazon sought approval to make certain modifications and improvements to its property, which the Planning Board approved, concluding that the proposed use of the property qualified as a "warehouse" use under the applicable zoning ordinance. The District Council for Prince George's County affirmed. On review, the District Council concluded that the Planning Board correctly determined that Amazon's proposed use of the property qualified as a "warehouse and distribution facility" use under the zoning ordinance. The circuit court affirmed. The Court of Appeals affirmed, holding that there was substantial evidence in the record to support the decision of the District Council affirming the Planning Board's approval of Amazon's design plan for the property. View "Crawford v. County Council of Prince George's County" on Justia Law

The Court of Appeals affirmed the judgment of the circuit court granting the motion for summary judgment brought by Calvert County, Maryland and dismissing the claims brought by Petitioners, four Calvert County residents, against the Board of County Commissioners of Calvert, holding that there was no error.Petitioners brought an action against the County Commissioners and County seeking a declaratory judgment that the Calvert County Comprehensive Plan was illegally passed because one of the Commissioners had a conflict of interest in the legislation and did not recuse himself and requesting that the circuit court void the plan in light of the conflict. The circuit court granted the County's motion for summary judgment. The Supreme Court affirmed, holding that the circuit court correctly entered summary judgment in favor of the County. View "Dzurec v. Bd. of County Commissioners Calvert County" on Justia Law

The Court of Appeals affirmed the judgment of the court of special appeals affirming the circuit court's judgment affirming the decision of the Maryland Workers' Compensation Commission granting Respondent's request for compensation for his hernia, holding that the court of special appeals did not err.In granting Respondent's request for compensation, the Commission found that Respondent sustained an accidental injury during employment, that his current hernia was the result of the accidental injury, and that, as a result of the hernia, Respondent was totally disabled for several months. The circuit court and court of special appeals affirmed. The Court of Appeals affirmed, holding that the court of special appeals did not err when it (1) held that "definite proof" under L&E 9-504(a)(1) applies to the quality of evidence presented and not the standard of proof a claimant must meet; and (2) concluded that Respondent met his burden of persuasion when producing medical evidence to a preponderance of the evidence standard. View "United Parcel Service v. Strothers" on Justia Law

The Court of Appeals agreed with the conclusions of the circuit court and the court of appeals that the record containing the "code key" assigning each judge a code for purposes of access to information about court proceedings and filings did not fall under the exception from public access in the Maryland Rules, holding that the code key was disclosable in response to the records request in this case.An online database Case Search, which is overseen by the Administrative Office of the Courts (AOC), provides public access to information regarding court proceedings. For cases in the District Court sitting in Baltimore City, the judge is identified by an alphanumeric code called the code key. The code key does not appear anywhere that is accessible to the public. Abell Foundation requested a copy of the code key from the AOC under the Maryland Public Information Act, but the AOC did not comply, citing the the exception for certain administrative records in Maryland Rule 16-905(f)(3), as it existed at the time. The circuit court granted summary judgment for Abell on judicial review, and the court of appeals affirmed. The Supreme Court affirmed, holding that the code key was disclosable in response to Abell's public records request and was not exempt from disclosure under the Maryland Rules. View "Administrative Office of the Courts v. Abell Foundation" on Justia Law

The Court of Appeals held that the Forest Conservation Act of 1991 (the Act) and regulations promulgated by the Maryland Department of Natural Resources (DNR) required a right to appeal the approval of a forest conservation plan and that a county agency's approval of a forest conservation plan is a "final decision" for appeal purposes.At issue before the Court of Appeals was whether the approval of a forest conservation plan, as well as an associated waiver that authorizers a developer to remove trees that would otherwise be protected under the Act, is a final agency decision subject to independent judicial review under the Harford County Forest Conservation Program. The Court of Appeals reversed the decision of the court of special appeals with directions to remand the case for further proceedings in the circuit court, holding that the Act and regulations promulgated by DNR require a right to appeal the approval of a forest conservation plan and that a county agency's approval of a forest conservation plan is a "final decision" for appeal purposes. View "Chesapeake Bay Foundation, Inc. v. CREG Westport I, LLC" on Justia Law

The Court of Appeals ruled that the Board of Appeals of Baltimore County erred in reversing an administrative law judge's determination that substantial changes existed between an original development plan and a later proposed development plan, holding that, contrary to the Board's conclusion, the doctrine of collateral estoppel did not bar approval of the later-proposed development plan.After a hearing, the Board issued an opinion concluding that the ALJ erred as a matter of law in ruling that the most recent development plan modification at issue was not barred by collateral estoppel. The circuit court reversed the Board's decision, concluding that the Board misapplied the law and misconstrued the facts in making its decision. The court of special appeals reversed. The Court of Appeals reversed, holding that the Board erred in concluding that collateral estoppel barred the approval of the most recent development plan. View "Becker v. Falls Road Community Ass'n" on Justia Law