Case law

Wireless One v. Mayor & Cty. Cncl. of Balt.

465 Md. 588 · Court of Appeals of Maryland · Aug 23, 2019

It clearly was not. … The plain language of the exemption in RP § 12-201(e)(2)(iii) is unambiguous and clearly precludes Wireless One from qualifying as a “displaced person.” We begin by examining the language of the exemption.

Gaver v. Gaver

176 Md. 171 · Court of Appeals of Maryland · Feb 5, 1939

He is an executor if he qualified. I suppose he qualified. Q. Don't you know he has qualified? A. I presume he has. Q. Don't you know he has? A. Well under the terms of the will. Q. That doesn't answer the question. A. … Ordinarily courts of equity will not interfere in the administration of estates by a probate court, except *Page 190 to remedy some evil or establish some right which such courts are powerless to grant or establish.

Bright v. Unsatisfied Claim & Judgment Fund Board

275 Md. 165 · Court of Appeals of Maryland · Jun 3, 1975

—Any qualified person, who suffers damages resulting from bodily injury ... or damage to property arising out of the ownership, maintenance, or use of a motor vehicle in this State .. ., and whose damages may be satisfied … And on the record we cannot say that this finding by the trial judge was clearly erroneous. Maryland Rule 886.

Rudman v. Maryland State Board of Physicians

414 Md. 243 · Court of Appeals of Maryland · May 13, 2010

Without more, Second Degree Assault would not qualify as a crime of moral turpitude. … Without more, Second Degree Assault would not qualify as a crime of moral turpitude.

United States v. Streidel

329 Md. 533 · Court of Appeals of Maryland · Mar 11, 1993

established under subsection (b) of this section, the court shall reduce the amount to conform to the limitation. “§ 11-109. … The differences between a survival and a wrongful death action were clearly delineated in Stewart v. United Elec. L. & P. Co., 104 Md. 332 , 65 A. 49 (1906).

Shillman v. Hobstetter

249 Md. 678 · Court of Appeals of Maryland · May 9, 1968

In any event, we obviously could not hold that the lower court was clearly in error in so finding. 2. … The provisions of 24 C.F.R. §§203.10-203.43 , however, establish the necessary conditions precedent for the issuance of commitments.

Maryland Motor Truck Ass'n Workers' Compensation Self-Insurance Group v. Property & Casualty Insurance Guaranty Corp.

386 Md. 88 · Court of Appeals of Maryland · Apr 6, 2005

Clearly, the claim of an “insurer” is not a “covered claim.” … The court found that, under those definitions, the group qualified as an “insurer.”

Spencer v. State

450 Md. 530 · Court of Appeals of Maryland · Nov 29, 2016

Moreover, as discussed, each explanation offered by counsel has been well established to be valid and race neutral. … It will not set aside the judgment of the trial court on the evidence unless clearly erroneous”).

United Food & Commercial Workers International Union v. Wal-Mart Stores, Inc.

453 Md. 482 · Court of Appeals of Maryland · Jun 22, 2017

In addition, “[t]he NLRA established the NLRB to adjudicate labor disputes between and among employees, unions and employers.” Law, 373 Md. at 468. … Although the Court did not explicitly state that peaceful trespass supports the local interest exception to NLRA preemption, this was clearly the holding of the case.

Artz v. Grove

21 Md. 456 · Court of Appeals of Maryland · Jun 1, 1864

The substance of the contract being established by the admissions of tbe answer and evidence, which is above exception, the next consideration is, whether it was fair,'mutual and just? … These features are all clearly proved.

Falik v. HORNAGE

413 Md. 163 · Court of Appeals of Maryland · Apr 5, 2010

Stevens, 337 Md. 471, 479 , 654 A.2d 877, 881 (1995)). *178 The order in Holthus clearly does not fall within that category. Thus, we dismiss Martinez’s appeal. 8 II. … Falik did not inform clearly the Court of Special Appeals that the defense withdrew him as an expert witness.

State v. Werkheiser

299 Md. 529 · Court of Appeals of Maryland · May 9, 1984

The consent statute and the presumptions a factfinder can draw from the amount of alcohol in the person’s breath or blood, which are contained in § 10-307(b-e) of the Courts Art., clearly reflect an intent to aid in the factfinding … A conviction may be had without a chemical analysis “on any competent evidence legally sufficient to establish the corpus delicti of the crimes and the criminal agency of the accused.”

Wilkinson v. McGill

192 Md. 387 · Court of Appeals of Maryland · Feb 16, 1949

There is a clearly recognized difference between the interpretation given to provisions of the election laws before election and the construction of these same provisions after election. … They contend, with Dillon, that it is an established principle that the mere casting of illegal votes does not avoid an election, unless it is shown that such votes affected the result.

Gresser v. Anne Arundel County

349 Md. 542 · Court of Appeals of Maryland · Jan 28, 1998

The County apparently has no written or established procedures for obtaining approval of a conditional use. … We should have a record clearly establishing whether there is any discretion given to a county official to decide not to issue a conditional use permit because in his or her opinion condition four is not met.

Matter of Albert G. Aaron Living Trust

457 Md. 699 · Court of Appeals of Maryland · Mar 26, 2018

respect to which the failure of qualified recipients has occurred be distributed to the Aaron Family Foundation established in Section 13.04. … This Court declared in Estep that a testator’s intent “must clearly appear from the language used in the various parts of the will; and, unless the intent is clearly and certainly different from that which the technical

Hare v. Mayor of Baltimore

200 Md. 477 · Court of Appeals of Maryland · Jul 15, 1952

The Board and the Court evidently concluded that these facts did not establish a non-conforming use. … Mayor and City Council of Baltimore, 187 Md. 296 , at page 300, 49 A. 2d at page 802 : “Paragraph 8 *482 of the Baltimore City Zoning Ordinance excludes garages from residential use districts, but this general exclusion is qualified

Murphy v. Baltimore Gas & Electric Co.

290 Md. 186 · Court of Appeals of Maryland · May 14, 1981

Ct. 2774 (1973), as follows: "We believe that common law classifications are now equally alien to modern tort law, primarily because they establish immunities from liability which no longer comport with accepted values and … I do, however, agree with the majority that the trial court did not err in granting Baltimore County’s motion raising a preliminary objection on the ground of immunity.

Oak Crest Village, Inc. v. Murphy

379 Md. 229 · Court of Appeals of Maryland · Feb 9, 2004

On its face, § 8.11 does not affirmatively impose a requirement that Sherwood pay at the private pay rate for any established period of time, even if he were to qualify for Medicaid benefits. … Renaissance Gardens is clearly a nursing home under that definition. Sections 19-342 through 19-352 provide certain individual rights for patients in hospitals and related institutions.

Jenkins v. State

238 Md. 451 · Court of Appeals of Maryland · Apr 4, 1966

The jury found him guilty of first degree murder, without qualifying its verdict, and guilty of robbery. The sentences were death for murder and twenty years for robbery. … Appellant does not claim that the police officers were not truthful or accurate when they testified that no force, duress or threats were used to obtain the confession or when they said that no specific promises of immunity

Attorney Grievance Commission v. Chapman

430 Md. 238 · Court of Appeals of Maryland · Jan 31, 2013

When she explained that she wanted to secure a loan modification, she was told she may qualify for certain modification programs. … Bogarosh qualified for a modification option that was not pursued.