Case law

(2001)

86 Op. Att'y Gen. 132 · Maryland Attorney General Reports · Jun 18, 2001

The prohibition in the Wire Act is necessarily qualified by another federal statute) the Interstate Horseracing Act of 1978. 15 U.S.C. § 3001 et seq. … The Maryland telephone betting statute clearly contemplates that telephone accounts will be established, and bets will be placed, "at any track where racing is authorized [by the Racing Commission]" — i.e., at a Maryland

107oag140

Maryland Attorney General Reports · Nov 21, 2022

School Segregation Although Maryland had made sporadic attempts to establish a free public school system since the early nineteenth century, the State’s 1864 Constitution made the first provision for a Statewide system … remove two Black students who had been admitted to its law school on the basis of a new statute that afforded scholarship funds for Black students to attend out-of-state higher education institutions when they were otherwise qualified

107oag003

Maryland Attorney General Reports · Jan 20, 2022

(observing that H.B 158, enacted the prior year, was “clearly intended to direct [the Universities] to do the same things” that S.B. 342 does). … Buckingham, 472 Md. 407, 425-26 (2021) (“[A] qualifying clause ordinarily is confined to the immediately preceding words or phrase—particularly in the absence of a comma before the qualifying phrase.”).

(2001)

86 Op. Att'y Gen. 157 · Maryland Attorney General Reports · Jul 2, 2001

These various references to "the supervising physician" clearly apply to the physician who enters into a delegation agreement with the physician assistant. … Midcal Aluminum, Inc., 445 U.S. 97 (1980) (to be immune from attack under the antitrust laws a restraint of trade must be "clearly articulated and affirmatively expressed as state policy" and must be "actively supervised"

(2006)

91 Op. Att'y Gen. 152 · Maryland Attorney General Reports · Jul 11, 2006

As outlined above, the original version of 1982 bill clearly contemplated a one-time regulatory fee, offsetting the cost of reviewing a stormwater management plan. House Bill 1091 (1982) (first reader version). … See, e.g., Brisman, Considerations in Establishing a Stormwater Utility, 26 S. Ill. U.L.J. 505 (2002). Of course, this approach would almost certainly be considered a tax rather than a regulatory fee. *Page 164

Maryland Attorney General Opinion 110OAG40

Maryland Attorney General Reports · Jul 18, 2025

Att’y on the front porches of homes with clearly visible doorbell cameras.14 Even in public places, however, individuals may have a reasonable expectation of privacy when they take steps to keep others from overhearing … Att’y officer’s use of a body-worn camera will intercept a private conversation that qualifies as an “oral communication” under the Wiretap Act. But we can offer some general guidance.

110OAG40

Maryland Attorney General Reports · Jul 22, 2025

Att’y on the front porches of homes with clearly visible doorbell cameras.14 Even in public places, however, individuals may have a reasonable expectation of privacy when they take steps to keep others from overhearing … Att’y officer’s use of a body-worn camera will intercept a private conversation that qualifies as an “oral communication” under the Wiretap Act. But we can offer some general guidance.

(2010)

95 Op. Att'y Gen. 3 · Maryland Attorney General Reports · Feb 23, 2010

The General Assembly has clearly answered that question "no" — an answer that the Court of Appeals has found to be constitutional. … They subsequently established a civil union in Vermont and later were legally married under Canadian law in Niagara Falls, Ontario.

Maryland Attorney General Opinion 95 OAG 003

Maryland Attorney General Reports · Feb 23, 2010

The General Assembly has clearly answered that question “no” – an answer that the Court of Appeals has found to be constitutional. … They subsequently established a civil union in Vermont and later were legally married under Canadian law in Niagara Falls, Ontario.

(2001)

86 Op. Att'y Gen. 42 · Maryland Attorney General Reports · Feb 15, 2001

Shipley, 41 Md. 81 (1874), the Court of Appeals characterized the ejectment action established in Chapter 346, Laws of Maryland 1872, later codified as Annotated Code of Maryland (1957), Article 75, § 27 , as a substantial … Thompson, 451 F.2d 202 (2d Cir. 1971) (New York summary ejectment scheme held to be clearly constitutional where it permitted service on a tenant-defendant by the posting of a copy of the summons and complaint on a conspicuous

Maryland Attorney General Opinion 98 OAG 136

Maryland Attorney General Reports · Nov 21, 2013

The Attorney General’s opinion nevertheless prompted the NFPA to delete the ownership filling requirement from the 1992 version of its model code and replace it with a provision allowing LPG tanks to be filled by “qualified … Rather, we think that the one interpretive rule that clearly applies here—the rule of lenity—weighs against a broad construction of “take” or “dispose of.”

Maryland Attorney General Opinion 99OAG003

Maryland Attorney General Reports · Jan 28, 2014

Md. 2012) (sheriff, when acting as director of local detention center, is a State official immune from liability under the Family Medical Leave Act). … To establish a violation of this duty, the prisoner must establish that prison officials were “deliberately indifferent” to a substantial risk of serious harm to the inmate’s safety. Id. at 834.

Maryland Attorney General Opinion 98 OAG 003

Maryland Attorney General Reports · Mar 1, 2013

Combs Servs., 526 S.E.2d 34, 41 (W.Va. 1999) (stating that the “Legislature’s desire to protect purchasers of pre[-]need funeral contracts from unscrupulous purveyors thereof is further evidenced by its establishment of the … While a non- guaranteed price may still plausibly qualify as the “purchase price,” it cannot, by definition, disclose the total price of an agreed-upon service or merchandise; it discloses only a portion thereof, with the

Maryland Attorney General Opinion 110OAG003

Maryland Attorney General Reports · Feb 13, 2025

Gen. 3] 21 any other local law, we would have expected the Commission to say so clearly. But the regulations do not clearly compel that reading. … Although the closest question is perhaps whether the Act requires the original offer or imposition of discipline to be made only by the chief, nothing in the Act’s or the regulations’ text clearly establishes a rule governing

110OAG3

Maryland Attorney General Reports · Feb 14, 2025

Gen. 3] 21 any other local law, we would have expected the Commission to say so clearly. But the regulations do not clearly compel that reading. … Although the closest question is perhaps whether the Act requires the original offer or imposition of discipline to be made only by the chief, nothing in the Act’s or the regulations’ text clearly establishes a rule governing

Maryland Attorney General Opinion 107oag153

Maryland Attorney General Reports · Dec 1, 2022

Licensed medical cannabis dispensaries may not be penalized for distributing “medical cannabis, products containing medical cannabis, related supplies, or educational materials for use by a qualifying patient, a caregiver … It is clearly not a “search” under the Fourth Amendment for officers to use their own noses to smell cannabis emanating from a car, because a person has no reasonable expectation of privacy in odors that waft into a public

Maryland Attorney General Opinion 104OAG003

Maryland Attorney General Reports · Feb 15, 2019

However, Maryland had never established an overall mechanism for managing discharges from the septics sector. 3. … Laws, ch. 149, Preamble (explaining that the Legislature intended to use “established planning processes” to achieve the Act’s purposes).

Maryland Attorney General Opinion 97 OAG 072

Maryland Attorney General Reports · Nov 29, 2012

Rather, the policies that lie behind the establishment of a waiting period for marriage licenses suggest the opposite. … This is not to say that words do not matter in how we characterize and solemnize same-sex marriages; they clearly do.

(2005)

90 Op. Att'y Gen. 45 · Maryland Attorney General Reports · Feb 7, 2005

person in interest" in the Medical Records Law can include a health care agent, a personal representative of a deceased person, a parent of a minor in some circumstances, and an attorney for an individual who would otherwise qualify … A dispatch record is clearly a "written ... transmission in any form or medium of information."

(2009)

94 Op. Att'y Gen. 177 · Maryland Attorney General Reports · Nov 4, 2009

If the "school operating budget" in the MOE statute were equated with the "current expense fund" in the budget statute, an appropriation for debt service would clearly not be taken into account to determine compliance with … Id. , § 9-603(g). 14 The Resolution stated in full: A RESOLUTION APPROVING THE ESTABLISHMENT OF A SCHOOL CONSTRUCTION SAVINGS PLAN.