Case law

BOARD OF EDUC. OF AA CTY. v. Barbano

45 Md. App. 27 · Court of Special Appeals of Maryland · Feb 14, 1980

The teacher shall be observed by more than one qualified person each year as determined by the superintendent. 3. … Provision shall be made for an over-all assessment by the evaluator which clearly indicates a satisfactory or unsatisfactory rating. 5.

Julian v. Christopher

320 Md. 1 · Court of Appeals of Maryland · Jun 29, 1990

If the parties intend to limit the right to assign or sublease by giving the landlord the arbitrary right to refuse to consent, they may do so by a freely negotiated provision of the lease clearly spelling out this intent … He may establish that it would be unfair to do so by establishing that when executing the lease he was aware of and relied on the Klawans interpretation of the “silent consent” clause.

Hammond v. Hammond

55 Md. 575 · Court of Appeals of Maryland · Mar 16, 1881

The appellants filed their hill of complaint in the Circuit Court of Baltimore City against the appellees, for the purpose of ascertaining and establishing the true, construction of the will of William B. … about the 23rd day of May, 1877, leaving a last will, which has been duly admitted to probate in the Orphans’ Court of Baltimore City, and Charles Lewis Hammond, (one of the appellees,) executor named therein, has duly qualified

Boyd v. Mercantile-Safe Deposit & Trust Co.

28 Md. App. 18 · Court of Special Appeals of Maryland · Sep 5, 1975

This plat had the metes and bounds of the Cook property, then owned *21 by the seller, marked clearly upon it. … The exercise of the court’s discretion, however, must not be arbitrary and is controlled by established principles of equity.

Towson University v. Conte

384 Md. 68 · Court of Appeals of Maryland · Nov 17, 2004

Therefore, the suit would be barred by governmental immunity. … Therefore, the suit was barred by governmental immunity.

Middleton v. State

238 Md. App. 295 · Court of Special Appeals of Maryland · Aug 28, 2018

Instead, we relied upon the duty a parent owes a young child, in determining that neglect of that duty could establish malice. Simpkins v. State, 88 Md. … Our resolution of the question presented necessitates vacatur of what the court clearly regarded as the flagship charge.

Shivers v. State

Court of Special Appeals of Maryland · Jan 3, 2023

First, appellant clearly exerted unauthorized control over Mr. Smith’s property. Mr. … Smith’s financial ability to qualify for an assisted living facility. Appellant testified, “[Mr. Smith] asked about whether he was going to qualify because of his assets.

People's Counsel v. Public Service Commission

259 Md. 409 · Court of Appeals of Maryland · Oct 30, 1970

The Commission is by its very nature and by its particular relationship to the legislation in question especially qualified to aid the Courts in the discovery of the legislative intent. … is clearly on the Company.

Crowe v. CSX Transportation

Court of Special Appeals of Maryland · Aug 28, 2019

It clearly intended to extend the LHWCA’s coverage to protect additional workers. Northeast Marine Terminal, 432 U.S. at 251. … To qualify for coverage under the LHWCA, an employee must meet both the “status” and “situs” requirements of the statute. Mr.

Slack v. Truitt

368 Md. 2 · Court of Appeals of Maryland · Feb 12, 2002

The court began its analysis with a restatement of the “well established [rule] that a regular and complete attestation clause makes out a prima facie case of due execution of the will.” Id. … Id. at 453. *16 The reasoning behind these cases is that if subscribing witnesses were required to recollect all the formalities prescribed by statutory requirements, few wills would be immune to attack, particularly after

Livingston v. Safe Deposit & Trust Co.

157 Md. 492 · Court of Appeals of Maryland · May 24, 1929

, by filing his approved bond therein, qualified in that court as trustee of that estate. … In respect to the second proposition it has been said: “Except, as altered by the statute 1 Viet., ch. 26, secs. 32 and 33, no rule respecting testamentary dispositions is more clearly established, than that by the death

Ewell v. State

207 Md. 288 · Court of Appeals of Maryland · May 17, 1955

The Court continued: “And in our opinion the principles so stated are not only established by our decisions, but are entirely consonant with reason and the best considered authority elsewhere.” … That obligation cannot be so qualified.

State Tax Commission v. Gales

222 Md. 543 · Court of Appeals of Maryland · Jun 13, 1960

Morgan, 69 Md. 460, 470-471 , 16 A. 287 (“qualified exemption”); Sindall v. City of Baltimore, 93 Md. 526, 529-530, 534 , 49 A. 645 (1901); United Railways & Electric Co. v. … We were there dealing with a differentiation which we thought clearly permissible under Article 15—that, between real property and personal property.

Neale v. Hogan

District Court, D. Maryland · Jul 6, 2023

’ own policies; and (6) Defendants are entitled to qualified immunity. … Bredar □ Chief Judge Having found no constitutional violation, the court need not address Defendants’ defense of qualified immunity.

Wilson v. State

28 Md. App. 168 · Court of Special Appeals of Maryland · Sep 9, 1975

The testimony of the appellant also clearly raised the issue of excusable homicide by misadventure or accident. … Thus, the alleged error was of omission and would not qualify as “plain error” under Rule 756 g. The issue is not before us. Brown v. State, supra.

Mayor of New Market v. Armstrong

42 Md. App. 227 · Court of Special Appeals of Maryland · Apr 16, 1979

The testimony of life long residents clearly showed Federal Street and North Alley have been considered as alleys until the present day. … The expert qualified his assertion as resting on an initial title search starting in 1839. He said he could not make a definite statement as to Lot 85 based on the search back to 1795.

Long Green Valley Ass'n v. Bellevale Farms, Inc.

205 Md. App. 636 · Court of Special Appeals of Maryland · Jun 8, 2012

In some cases, the contract may clearly express an intended third party beneficiary, see Schlicht v. … Here, the merits question is whether the proposed creamery qualifies as a “farm related use” under § 2-513 of the Agriculture article.

Reynolds v. State

141 Md. 637 · Court of Appeals of Maryland · Nov 17, 1922

Chapter 30 of the Acts of 1916 was an act to enable the registered and qualified voters of the City of Baltimore, five counties, including Washington County, >and portions of several others, “each as a separate political … The language taken from the Act of 1916 and used in this indictment — “did unlawfully sell, dispense and otherwise dispose of” — clearly related to sales, and such uses as related directly to sales, not to gifts, or anything

Doe

District Court, D. Maryland · Mar 30, 2026

Although establishing unwelcome conduct “is not a high hurdle,” Strothers v. … “To establish a claim for disability discrimination under the ADA, a plaintiff must prove ‘(1) that she has a disability, (2) that she is a ‘qualified individual’ for the employment in question, and (3) that [her employer

Minor v. Shifflett

252 Md. 158 · Court of Appeals of Maryland · Feb 14, 1969

At this point the difference between what I conceive to be the proper constitutional doctrine which ought to be applied and the Maryland “change-mistake” rule becomes clearly apparent. … A similar assumption is made in the decisions upon the Fourteenth Amendment. * * * When this seemingly absolute protection is found to be qualified by the police power, the natural tendency of human nature is to extend the