By Chris MincherOf counsel, McAllister, DeTar, Showalter & Walker Everyone working for the State knows it takes a while before someone can be fired. A major reason for that is COMAR 17.04.05.03(A), which requires that an employee whose performance is deemed unsatisfactory on an annual appraisal must be given 180 days to try to improve.Continue reading “Agencies Don’t Have to Fully Wait to Terminate”
Category Archives: Cases
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”
Spring Institute topics range from appellate to policing
By Frank JohnsonDeputy City Attorney, City of Gaithersburg The Section held its annual training in June and, given ongoing concerns regarding the COVID-19 pandemic, it was virtual. There was first a panel discussion on the Supreme Court’s 2022 term, including participation from Amanda Karras, who is the director of the International Municipal Lawyers Association, andContinue reading “Spring Institute topics range from appellate to policing”
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”
Maryland State and Local Government Law Blog 