Justia Government & Administrative Law Opinion Summaries

After lobbying for legislation authorizing collective bargaining for its members, the Maryland Transportation Authority Police Lodge #34 of the Fraternal Order of Police, Inc. (FOP) struck a written memorandum agreement with the Maryland Transportation Authority (MTA), in which the MTA agreed to fund a multi-million take-home vehicle (THV) program provided the bills were withdrawn and no collective bargaining legislation covering the MTA was passed that session. When a new governor took office, he declined to continue funding for the THV program. The FOP sued on theories of breach of contract and promissory estoppel. The circuit court granted MTA's motion to dismiss, finding that the agreement was unenforceable and violated the state's collective bargaining laws. The court of special appeals reversed. The Court of Appeals reversed the judgment of the appellate court and remanded the case with instructions to affirm the judgment of the circuit court, holding that because the legislature did not expressly authorize the MTA and its employees to bargain collectively at the time the agreement was executed, the agreement was unenforceable.

Petitioner James Thomas, a retired Maryland State Police officer, applied for special disability retirement benefits after being found guilty of neglect of duty, submitting inaccurate reports, and submitting false reports and being sanctioned with suspension and demotion. Petitioner's argument that he was entitled to the benefits was rejected by the Board of Trustees of the State Retirement and Pension System of Maryland (the Board). After that administrative decision was affirmed upon judicial review by the circuit court and court of special appeals, petitioner filed a petition for writ of certiorari. The Court of Appeals concluded that because petitioner's incapacity arose out of his "willful negligence," he was not entitled to special disability benefits provided by Md. Code Ann., State Pers. & Pens. 29-111(b)(1). Affirmed.

At issue on review by the Supreme Court is whether people aggrieved by the Board of County Commissioners of Kent County can appeal the Commissioners' decision to an appellate court. The Commissioners approved a request that effectively amended the County's local Critical Area Plan under the Chesapeake and Atlantic Coastal Bays Critical Area Protection Program. Petitioner Jerry Smith and several Kent County Residents challenged the Court of Special Appeals's decision to dismiss their challenge to the Commissioners' ruling that granted increased development of a particular parcel of property within the County. A procedural problem arose from a proclamation that said the County's decision is not effective until it's approved by the State Critical Area Commission. While consideration of the initial development request was pending before the Critical Area Commission, Petitioners sought judicial review in the circuit court of the County Commissioners' initial approval of the development. The court affirmed the County's approval for the development; Petitioners filed an appeal to the Court of Special Appeals. The appellate court dismissed the matter as premature. On review of the enabling statutes creating the Critical Area Protection program and the records of proceedings, the Supreme Court held that the County's approval of the development was not a final action, "considering that the [Critical Area] Commission's required decision may modify, reject, delay or even preclude the local approval from becoming effective. As a non-final order ⦠no immediate right existed to have judicial review take place." The Court affirmed the lower court's decision in dismissing Petitioner's case.