Court of Special Appeals holds county immune in well contamination case

By Stephanie Pankiewicz, associate county attorneyandPatricia Kane, chief, Division of Insurance Defense LitigationOffice of the County Attorney, Montgomery County The Court of Special Appeals has affirmed dismissal of a negligence claim arising out of saltwater contamination of a private well. In Creighton v. Montgomery Cty., the plaintiff claimed her well water was contaminated by theContinue reading “Court of Special Appeals holds county immune in well contamination case”

Courts have discretion to consider moot issues on appeal

By Frank JohnsonDeputy City Attorney, City of Gaithersburg The Court of Appeals, in In re S.F., ____ Md. ____, 2022 WL 324890 (February 3, 2022), recently confirmed that, even when an issue is moot, courts still have discretion to consider it. The decision involved a “no suspension from school” probation condition imposed on a minor, whoContinue reading “Courts have discretion to consider moot issues on appeal”

Md. High Court: Local Governments Limited to Authority Granted By State

By Frank JohnsonDeputy City Attorney, City of Gaithersburg The Maryland Constitution specifies that all local governments – including municipalities, charter counties, code counties, and commissioner counties – are subject to any limitations imposed by the State. Article 11-A, Section 3, specifies that state law prevails in any conflict with local law, and Section 6 furtherContinue reading “Md. High Court: Local Governments Limited to Authority Granted By State”