April 2020 Maryland Certiorari Grants

The Maryland Court of Appeals today granted review in two cases, both civil. They include the final certiorari petition filed by former City Solicitor (and Fourth Circuit Judge) Andre Davis before his retirement. The two cases, with questions presented, are below.

Mayor & City Council of Baltimore v. ProVen Management, Inc. – Case No. 8, September Term, 2020 (Unreported CSA Opinion by Judge James Eyler)

Issues – Courts & Judicial Proceedings – 1) Did CSA err when it held that including an assertion of procedural error in a petition for judicial review of an administrative decision turns such a petition, in substance, into a request for a writ of common law mandamus under Murrell v. Mayor & City Council of Baltimore, 376 Md. 170 (2003)? 2) Did CSA err when it held that a petition for judicial review that sought reversal of an administrative decision was, in substance, in the nature of a mandamus action merely because the administrative hearing and administrative decision were alleged to have been performed in a procedurally inadequate manner?

Bruce Uthus v. Valley Mill Camp, Inc.– Case No. 7, September Term, 2020 (Reported CSA Opinion by Judge Berger)

Issue – Real Property – Can a person claiming the right to possession against a person in actual peaceable possession of real property bring an action in circuit court for common law trespass to recover possession of the property, when the Maryland legislature has committed such actions for possession to the exclusive original jurisdiction of the district court?

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