Case law

(1999)

84 Op. Att'y Gen. 105 · Maryland Attorney General Reports · Aug 10, 1999

To the extent that an officer is sued in an individual capacity under § 1983 by a person against whom the officer used force, the officer may assert qualified immunity as a defense. 16 An inquiry into a qualified immunity … defense follows the objective reasonableness test: if the force employed was reasonable and necessary, there is no constitutional violation and the officer is entitled to qualified immunity.

(2006)

91 Op. Att'y Gen. 164 · Maryland Attorney General Reports · Sep 1, 2006

While traditional public schools are immune from local zoning, they are not free of regulation. … Thus, a local government with zoning authority may require that the owner of the property obtain a special exception or qualify as a conditional use in certain zoning districts. 11 In summary, a local government may regulate

(2004)

89 Op. Att'y Gen. 53 · Maryland Attorney General Reports · Mar 18, 2004

While the Fire Department is not subject to the licensing requirements for ambulance services, 7 it is clearly "otherwise authorized" to provide those services. … This general rule of construction, which is derived from the doctrine of sovereign immunity, does not apply when the statute manifests a legislative intention to cover governmental entities, or there is no impairment of sovereign

Maryland Attorney General Opinion 100OAG160

Maryland Attorney General Reports · Dec 28, 2015

Despite these difficulties, the Supreme Court in Glucksberg established at least a general framework for identifying fundamental rights. … if they act in accordance with State-established criteria that are voluntary.

(2004)

89 Op. Att'y Gen. 66 · Maryland Attorney General Reports · Mar 26, 2004

Where, however, either the county or a municipality has established a police force, general law enforcement functions are the responsibility of the local police department, and not the sheriff. … In such a case, the law enforcement officer did not enjoy the benefit of official immunities that applied to the officer's actions within his or her jurisdiction. B.

Maryland Attorney General Opinion 97 OAG 019

Maryland Attorney General Reports · May 31, 2012

The legal entity has also registered or qualified to conduct business in Maryland. See Md. Code Ann., Corps. & Ass’ns §§ 7-202, 7-203 (2011 Supp.). … While the Court of Appeals has yet to decide whether the operation of a housing project, as opposed to its construction, qualifies as a governmental activity for purposes of immunity under the LGTCA, see Jackson, 289 Md.

(1996)

81 Op. Att'y Gen. 121 · Maryland Attorney General Reports · Sep 13, 1996

Tort Claims Act immunity extends to some volunteers. … In addition, an official may have a qualified immunity, depending on the scope of discretionary powers and "depending on all the circumstances that may be revealed by evidence." 416 U.S. at 240 .

(1996)

81 Op. Att'y Gen. 240 · Maryland Attorney General Reports · Jun 24, 1996

The Joint Committee recommended that the State Treasurer "prepare additional measures that clearly restrict the investment of public funds in order to provide legal and practical assurance that such funds are available as … The Joint Committee also recommended that the State Treasurer promulgate regulations to establish investment parameters for local governments: The [Joint Committee] further recommends that the State Treasurer, in consultation

(2002)

87 Op. Att'y Gen. 17 · Maryland Attorney General Reports · Feb 27, 2002

E.D. § 16-301 (d)-(e); see also E.D. § 16- 304 (authorizing county governing bodies to appropriate funds to establish and operate community colleges). … Shortly thereafter, however, the Court of Appeals concluded that a community college is a State agency for purposes of sovereign immunity. Board of Trustees v. John K.

(2007)

92 Op. Att'y Gen. 180 · Maryland Attorney General Reports · Dec 17, 2007

The Commission has adopted regulations establishing standards for assessing program duplication in that context. … Md. 2005) (holding that Morgan State University "qualifies for [Eleventh Amendment] immunities as an arm of the State of Maryland").

(2010)

95 Op. Att'y Gen. 198 · Maryland Attorney General Reports · Nov 23, 2010

Dear Emanuel Demedis On behalf of the County Commissioners of Calvert County, you have requested our opinion as to whether certain special taxing districts established by the Commissioners pursuant to a public local law qualify … Then, as now, the definition of "county road" clearly referred to public roads of a local government entity.

(2007)

92 Op. Att'y Gen. 148 · Maryland Attorney General Reports · Nov 7, 2007

John K Ruff, Inc. , 278 Md. 580 , 586-88 , 366 A.2d 360 , 364 (1976) (sovereign immunity); see also Davis v. Montgomery County , 267 Md. 456 , 463-66 , 298 A.2d 178 , 183-84 (1972) (eminent domain), Charles E. … Moreover, the court noted that the procurement statutes specific to school boards were amended subsequent to the enactment of the General Procurement Law thereby "demonstrating clearly a legislative recognition that they

(2008)

93 Op. Att'y Gen. 12 · Maryland Attorney General Reports · Jan 29, 2008

If properly characterized as a tax, an impact fee clearly would not be an income tax or sales and use tax. An impact fee might be characterized as a property tax or an excise tax. … applies and does not seem applicable to the current leases under consideration at Fort Meade and Aberdeen Proving Ground, as we understand them. 9 As outlined in Part II.C-D above, an exception to the ownership rule is established

Maryland Attorney General Opinion 98 OAG 114

Maryland Attorney General Reports · Nov 21, 2013

Among other things, the legislation established the National Labor Relations Board (“NLRB”). … For example, the Court of Appeals has concluded that the Washington Suburban Sanitary Commission (“WSSC”) is a State entity for purposes of sovereign immunity, Katz v.

(2006)

91 Op. Att'y Gen. 174 · Maryland Attorney General Reports · Sep 8, 2006

You advise that an applicant for a nonresident dealer permit currently qualifies for the permit. … Moreover, the purchase would clearly prevent renewal of the permit upon its expiration on the following October 31.

Maryland Attorney General Opinion 96 OAG 139.pdf

Maryland Attorney General Reports · Dec 21, 2011

That law provides certain agricultural operations with a qualified immunity from liability for common law nuisance. … (requiring the Agriculture Secretary to establish a mediation program for “agriculturally related disputes”).

(1996)

81 Op. Att'y Gen. 169 · Maryland Attorney General Reports · Dec 6, 1996

public utilities in whose races the horses of every licensed owner and trainer may participate": On the contrary, the statutes and regulations, viewed in the aggregate, convince us that a licensed racetrack, except otherwise clearly … It is also well-established that the "[m]ere approval of, or acquiescence in, the initiatives of a private party is not sufficient to justify holding the state responsible for those initiatives under the terms of the 14th

Maryland Attorney General Opinion 99OAG208

Maryland Attorney General Reports · Dec 5, 2014

SafeLink clearly satisfies the second and third criteria; it provides voice service to the public in the same way as other cellphone plans. … Here, however, the plain language of PS § 1-313 does not clearly provide that the fee applies in the first place. We 222 [99 Op.

(2005)

90 Op. Att'y Gen. 109 · Maryland Attorney General Reports · Aug 8, 2005

Finally, the Act also provides for "funeral establishments" — i.e. , the premises from which funeral directing or embalming is conducted — to be licensed with the proviso that an establishment must be owned and operated by … HO § 7-303 (b). 5 The same conclusion would pertain to a funeral establishment license, as one of the conditions for granting such a license is that the establishment is owned and operated by at least one individual or corporate

Maryland Attorney General Opinion 95 OAG 056

Maryland Attorney General Reports · Feb 23, 2010

No. 110-140, 121 Stat. 1492, Congress established a Smart Grid Investment Matching Grant Program. … Under the program as originally enacted, the Secretary was directed to establish a fund and implement a grant program to provide up to 20% of qualifying Smart Grid investments for public utilities. Id.