July 2016 Maryland Certiorari Grants

The Court of Appeals went only 2½ weeks between conferences. But we still get new cert grants! This round will need to hold us for a while, because the next conference is August 18.

The biggest news is that the Court of Appeals will directly review the Hogan Administration’s appeal of an injunction entered against it in a dispute regarding the Anne Arundel County School Board Nominating Commission. The full list of grants, with questions presented, appears after the jump.

Accokeek, Mattawoman, Piscataway Creeks Communities Council, Inc. v. The Public Service Commission of Maryland, et al. – Case No. 26, September Term, 2016

Issues – Public Utilities – 1) Did the Public Service Commission (“PSC”) act outside of its statutory authority by imposing taxes, or mandatory payments, which it was not empowered to enact? 2) Did PSC violate Petitioner’s right to due process by failing to make sufficient findings of fact on the record regarding the economic effects of the Generating Station? 3) Were PSC’s findings regarding the economic effects of the Generating Station under Md. Code Public Utilities § 7-207(e)(2)(ii) supported by substantial evidence in the record?

Frederick Classical Charter School, Inc. v. Frederick County Board of Education – Case No. 25, September Term, 2016

Issues – Education – 1) Did the State Board err in finding that Petitioner contractually agreed to forego funding proportionate to the Local Board’s transportation spending because its students would not necessarily receive transportation from the school? 2) Did the State Board err by deferring to the Local Board’s interpretation of the contract and application of state law and by misstating its own precedent?

In re: Cody H. – Case No. 27, September Term, 2016

Issues – Criminal Procedure – 1) Does MD’s restitution statute allowing for recovery of lost earnings “as a direct result of the crime” permit the court to order restitution for lost earnings to be earned in the future and for lost earnings for a randomly selected period of time? 2) Did CSA err in finding that competent evidence was introduced to support the claim for eight months of lost wages?

State of Maryland et al. v. Jamie Falcon et al. – Case No. 28, September Term, 2016

Issues – Constitutional Law – 1) Did the trial court err in enjoining portions of Chapter 35 of the 2016 Laws of Md. that alter the composition of the Nominating Commission where the law made permanent changes to the composition of the Commission to make it locally appointed? 2) Did the trial court err in treating members of the Nominating Commission as “officers” within the meaning of Article II, § 15 where they do not exercise any portion of the sovereign power of the State?

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