Case law

Norbeck Village Joint Venture v. Montgomery County Council

254 Md. 59 · Court of Appeals of Maryland · Jun 3, 1969

Olney as a self-identifiable community with its own hospital, schools, commercial area, and theater was qualified and selected as a satellite community. … The record clearly supports, if indeed it does not require, the finding Judge Pugh made that the challenged rezoning was not arbitrary, discriminatory or illegal.

Higgins v. Barnes

310 Md. 532 · Court of Appeals of Maryland · Sep 11, 1987

We also recognize that Higgins’ counterclaim would not qualify as a separate claim under Rule 2-602. East v. Gilchrist, 293 Md. 453 , 445 A.2d 343 (1982). … Generix Drug Sales, Inc., 460 F.2d 1096 (5th Cir.1972), the court found no imperative circumstances established where proceedings had to be trifurcated.

Epps v. State

333 Md. 121 · Court of Appeals of Maryland · Dec 6, 1993

to be taken when considering proportionality claims in a case involving assault or battery: That an extremely lengthy prison sentence might be disproportionately excessive for most common law assault convictions does not establish … Projecting a relatively small amount of water onto the person of another at waist level or below, and with no great force, although qualifying as criminal conduct if intentionally done, clearly falls at the less serious end

Blum v. Fox

173 Md. 527 · Court of Appeals of Maryland · Feb 5, 1938

He qualified and proceeded with the administration of the estate and filed inventories, but on January 8th, 1937, the son appeared in the Orphans’ Court of Baltimore City and asked that the letters previously granted to Blum … Hence, if it should be made clearly to appear to the Orphans’ Court that, acting in good faith, the original *538 administrator effected a compromise of the claim in such a manner as the court would have authorized and directed

McElroy Truck Lines, Inc. v. Pohopek

375 Md. 574 · Court of Appeals of Maryland · Jun 17, 2003

The hiring was clearly brief in nature.” Id. at 451, 217 A.2d at 265 . East v. Skelly and Moore v. … That— considering all of the employment activity outside the State as a whole — does seem to qualify as regular employment.

Beasley v. State

271 Md. 521 · Court of Appeals of Maryland · May 1, 1974

The State called Julie Grabstein as a rebuttal witness under a grant of immunity from prosecution. Her attorney was present in court. He was initially assigned by the Public Defender to represent Beasley. … The Court there reversed the refusal by a trial court to consider certain evidence in connection with a motion for a new trial, a matter clearly within the sound discretion of the trial court.

Riggs v. Winterode

100 Md. 439 · Court of Appeals of Maryland · Jan 18, 1905

If he is of the character of man contemplated by the Local Law, it is not likely the commissioners could select anyon'e better qualified to determine whether the work was properly done. … Clearly by that provision examiners are only to be appointed when the County Commissioners deem it expedient so to do, and unless they so deem it, by clear implication they are neither required nor expected to appoint examiners

Pallace v. Inter City Land Co.

239 Md. 549 · Court of Appeals of Maryland · Jul 29, 1965

While the judgment of a lower court on the evidence will not be set aside unless clearly erroneous, that phase of the rule is limited to the court's decision on the evidence. Maryland Rule 886. … In the case at bar, I think the applicant did establish from the evidence that Parcel B may not be used for the erection and sale of individual homes.

Bergeman v. State Roads Commission

218 Md. 137 · Court of Appeals of Maryland · Sep 25, 2001

Truitt, who, after qualifying as a real estate expert, estimated the value at $26,700. … From this it would seem to be clearly prejudicial to the appellants' cause.

Thornton v. State

397 Md. 704 · Court of Appeals of Maryland · Mar 20, 2007

The “likelihood requirement” referred to in Burch, Mitchell, and MPJI-Cr 4:17 clearly had its origins in the common law. … As the trier of fact, the trial judge, in this case, was entitled to draw reasonable inferences from established facts.

Mayor of Baltimore v. Cassidy

338 Md. 88 · Court of Appeals of Maryland · Apr 10, 1995

When more than one body part is meant, that is clearly stated. … Clearly, therefore, the respondent is not incapable of performing work of any kind and there is a market for his services.

County Council of Prince George's County v. Chaney Enterprises Ltd. Partnership

454 Md. 514 · Court of Appeals of Maryland · Jul 28, 2017

This Court found that legislative acts such as comprehensive zonings do not qualify for judicial review under these provisions because they are not zoning actions. Md. … Moreover, the Mining Entities clearly satisfy standing requirements of LU § 22-407(a)(1).

PG DOCTORS'HOSP. v. HSCR Comm'n

302 Md. 193 · Court of Appeals of Maryland · Jan 16, 1985

However, there is a clearly stated administrative remedy for this purpose, that is, to request a permanent rate change under § 19-219(a). … These rates are clearly far in excess of reasonable rates justified by the evidence and have been in effect since September 1, 1982 by operation of law. "...

Pennington v. Pennington

3 L.R.A. 816 · Court of Appeals of Maryland · Mar 27, 1889

The simple fact that the devise over was to a party in esse for life, was not sufficient, as the law stood at that time, to qualify the general rule of construction ; for the settled rule of construction in this State is, … Clearly not.

Western Maryland Tidewater Railroad v. Mayor of Baltimore

106 Md. 561 · Court of Appeals of Maryland · Nov 13, 1907

is actually made land, wharves, permanently filled in with earth, and the like,” to use the language of his brief, and we are of the opinion that such is the law, unless of course the provisions of a particular charter clearly … Rep. 1016, it was said that "The Century Dictionary defines a pier to be ‘projecting quay, wharf, or other landing place;’ and, without some qualifying adjective this is the ordinary meaning of the word.

Attorney Grievance Commission v. Kerpelman

292 Md. 228 · Court of Appeals of Maryland · Dec 29, 1981

The evidence was clearly sufficient to support his conclusions. … In the instant case Jackson Brodsky, a practicing attorney who was qualified as an expert in domestic relations matters at the disciplinary hearing, testified that in his opinion Kerpelman’s fee was clearly excessive.

West. Md. T.R. Co. v. Baltimore City

106 Md. 561 · Court of Appeals of Maryland · Nov 13, 1907

is actually made land, wharves, permanently filled in with earth, and the like," to use the language of his brief, and we are of the opinion that such is the law, unless of course the provisions of a particular charter clearly … Rep. 1016, it was said that "The Century Dictionary defines a pier to be `projecting quay, wharf, or other landing place;' and, without some qualifying adjective this is the ordinary meaning of the word.

Maryland Overpak Corporation v. Mayor of Baltimore

395 Md. 16 · Court of Appeals of Maryland · Oct 16, 2006

Those cases apply plain meaning analysis to determine if the change, nonetheless, effected a clearly substantive change. Md. Div. of Labor and Indus. v. … Second, if the governmental act in question involves a quasi-judicial process, the inquiry moves to the question of whether it qualifies as a “zoning action.”

Smith v. Merritt Savings & Loan, Inc.

266 Md. 526 · Court of Appeals of Maryland · Oct 16, 1972

There are at least two reasons why the chancellor was not clearly in error in holding that, on the facts of the present case, Mr. … The chancellor was not clearly in error in holding Mr. Smith entirely at fault in this regard. (2) Secondly, Mr.

Laurel Racing Ass'n v. Video Lottery Facility Location Commission

409 Md. 445 · Court of Appeals of Maryland · Jul 20, 2009

The Circuit Court rendered a written opinion which qualified as a declaratory judgment. … Section 9-lA-36(o) of the State Government Article is clearly a “special form of remedy for a specific type of case” within the meaning of the Declaratory Judgments Act.