Archive | May 2022

Issue Preservation – Concerned Citizens of Cloverly is a reminder to not let your best appellate issues be needles in trial haystacks

By Diane E. Feuerherd

The Court of Special Appeals’ recent decision in Concerned Citizens of Cloverly v. Montgomery County Planning Board, Case No. 620, Sept. Term 2021 (May 2, 2022)[i] provides a helpful example, if not cautionary tale, of issue preservation. It is well-known that Maryland Rule 8-131(a) lays out the scope of appellate review and provides that other than jurisdiction, “the appellate court will not decide any other issue not raised in or decided by the trial court . . . .” (emphasis added). But what does “raised in” mean and how much airtime do you need to give an issue in the trial court (or in the case of Concerned Citizens, the administrative agency) for it to be “raised” and preserved for appellate review?   

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May 2022 Maryland Certiorari Grants

On Friday, the Court of Appeals granted cert in these four cases:

Ernest and Maryann Elsberry v. Stanley Martin Companies, LLC  – Case No. 6, September Term, 2022 (Unreported CSA Opinion by Zarnoch, J.)

Issues – Real Property – 1) May a court rely on legislative history unrelated to the specific statutory text at issue to override the consumer protections granted in the plain language and tabulation of Md. Code § 14-117(a)(3) of the Real Property (“RP”) Article, an unambiguous remedial statute? 2) Did CSA violate Article III, Section 29 of the Maryland Constitution by using the title of the bill “Prince George’s County – Deferred Water and Sewer Charges Homeowner Disclosure Act of 2014” to contradict the plain language of RP § 14-117(a)(3)(ii)?

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