Agencies Don’t Have to Fully Wait to Terminate

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”

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”

Maryland Court Of Appeals Becomes the Supreme Court

By Frank JohnsonDeputy City Attorney, City of Gaithersburg One of the constitutional amendments approved by the voters was to change the name of Maryland’s appellate courts. The approved changes are to both the Court of Appeals and the Court of Special Appeals, neither of which will use their former names. Instead, the current higher courtContinue reading “Maryland Court Of Appeals Becomes the Supreme Court”