In Zoning, Know the Steps to Accept an Exception

By Chris MincherOf counsel, McAllister, DeTar, Showalter & Walker It’s never a bad time for a little appellate reminder on how a local zoning authority should document a variance decision, especially when it also serves as the coda to the nine-year saga of the Wal-Mart Superstore in Clinton. For those who haven’t been tracking GrantContinue reading “In Zoning, Know the Steps to Accept an Exception”

City Charters that Curtail Claims are Subject to Preemption

By Chris MincherOf counsel, McAllister, DeTar, Showalter & Walker Local government attorneys are well-familiar with the Local Government Tort Claims Act, especially its requirement that a plaintiff provide a year’s notice before suing. But they might not expect that the notice requirement would preempt provisions of municipal charters. So although unreported, the recent Appellate CourtContinue reading “City Charters that Curtail Claims are Subject to Preemption”

Zoning Laws Can Be Useful Without Stating Uses

By Chris MincherOf counsel, McAllister, DeTar, Showalter & Walker An effective zoning scheme will be crafted with the realization that it’s not possible to list everything people might want to do with their property. If owners request permission for an activity that’s not precisely provided for, it’s important if there are other provisions informing employees,Continue reading “Zoning Laws Can Be Useful Without Stating Uses”

Position Reclassification Needs Rules and Record

By Chris MincherOf counsel, McAllister, DeTar, Showalter & Walker As we are all fully aware, unreported opinions can’t be cited in any way, shape, or form in Maryland courts, but that doesn’t mean they aren’t useful to keep on top of. For one, they can offer a lot of practical guidance on handling frequent, not-particularly-earth-shatteringContinue reading “Position Reclassification Needs Rules and Record”

Introducing the Maryland State and Local Government Law Blog

By Chris Mincher The Maryland State Bar Association State and Local Government Law Section is proud to unveil this blog, a forum — the first in the state, as far as we can tell — for commentary and news relevant to Maryland’s government practitioners. Authored by Section members (and the occasional special invited guest), theContinue reading “Introducing the Maryland State and Local Government Law Blog”