Maryland Certiorari Grants, March 2014
The Court of Appeals today granted certiorari in six cases. The text from the Court’s website is below:
Anne Arundel County, Maryland, et al. v. Steve Bell, et al.– Case No. 29, September Term, 2014
Issues – Zoning and Planning – 1) Whether the prima facie aggrievement standard established in Bryniarski v. Montgomery County Bd. of Appeals, 247 Md. 137 (1967), should be expanded beyond challenges to administrative land use decisions to include challenges to legislative comprehensive zoning enactments? 2) Whether the “almost prima facie” standard as established in Ray v. Mayor of Baltimore, 430 Md. 74 (2013), should be expanded beyond challenges to administrative land use decisions to include challenges to legislative comprehensive zoning enactments? 3) Whether noise from a predicted increase in traffic constitutes “special damages”?
Falls Garden Condominium Association, Inc. v. Falls Homeowners Association, Inc.– Case No. 30, September Term, 2014
Issues – Civil Procedure – 1) Whether it was error to enforce the Letter of Intent given the parties never intended to be bound by the Letter of Intent and the Letter of Intent does not contain all material terms? 2) Did the lower court err in failing to hold a full plenary hearing on the Motion to Enforce Settlement Agreement since the existence of a binding and enforceable agreement was contested and there were contradicting proffers regarding a material issue, i.e. whether the parties intended to be bound by the Letter of Intent?
Carol Jane Gray, et al. v. Howard County Board of Elections, et al.– Case No. 107, September Term, 2013
Issues – Election Law – 1) Was the Board of Elections’ determination that the referendum summary was not “fair and accurate” is arbitrary, capricious and illegal as a matter of law? 2) Is the referendum summary as presented “fair and accurate” as required by EL § 6-201(c)(2)(i)?
Metro Maintenance Systems South, Inc. v. Thomas Milburn, et al.– Case No. 31, September Term, 2014
Issues – Civil Procedure – 1) Did CSA err in its decision that the lower court’s remand order was not a “final judgment” as defined by CJP § 12-301? 2) Did the lower court act arbitrarily and capriciously in remanding a final administrative decision to the processes of an administrative agency without conducting any record review and without any finding of fraud, mistake, inadvertence, cognizable defect, intervening factors or subsequent events? 3) Did CSA properly decide Anne Arundel County v. Rode, 214 Md.App. 702 (2013), and properly apply that ruling to the procedural circumstances in this case?
In the Matter of Carol Jane Gray, et al.– Case No. 106, September Term, 2013
Issue – Election Law – Within the context of the decision-making required by EL § 6-208(a)(2), was the Board of Elections’ determination that the referendum summary was not “fair and accurate” arbitrary, capricious and illegal as a matter of law?
State of Maryland v. Charles William Callahan – Case No. 28, September Term, 2014
Issues – Criminal Law – 1) Did CSA err in concluding that the lower court violated the doctrine of the separation of powers in finding respondent in violation of his probation based upon his failure to comply with a lawful order of his probation agent where the order was a requirement of his mandatory parole release conditions? 2) Did CSA correctly hold that the lower court erred in revoking Callahan’s probation?