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State Courts -
Maryland - January 9 - January 12, 2007
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Ctr. Ins. Co. v. J.T.W., No. 52, September Term, 2006, No. 56, September Term, 2006,
COURT OF APPEALS OF MARYLAND, January 9, 2007, Filed
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Overview: Thirty-day filing period for a petition for judicial review of an administrative decision under the state's insurance article began to run from the date the decision was mailed; under Md. Code Ann., Ins. § 2-215(d) that 30-day period began to run when decision was served and under Md. Code Ann., Ins. § 2-204(c)(1) service could be made by mailing.
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Haas v. Lockheed Martin Corp., No. 5, September Term, 2006,
COURT OF APPEALS OF MARYLAND, January 9, 2007, Filed
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Overview: Employee's claim under Montgomery County, Md., Code § 27-19 was not barred by statute of limitations; for purposes of employee's disability discrimination claim filed under Md. Ann. Code art. 49B, § 42, employee's "discharge" occurred upon actual termination, rather than upon notification that termination was to take effect at some future date.
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Legacy Funding LLC v. Cohn, No. 23, September Term, 2006, No. 25, September Term, 2006, No. 26, September Term, 2006,
COURT OF APPEALS OF MARYLAND, January 9, 2007, Filed
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Overview: A trial court erroneously held that real estate purchaser at a foreclosure sale was not entitled to compensation from surplus proceeds for the denial of possession. Purchaser was entitled to claim damages for the denial of possession, and claim could be measured by the fair rental value of the property since the demand for possession was rejected.
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River Walk Apts., LLC v. Twigg, No. 49, September Term, 2006,
COURT OF APPEALS OF MARYLAND, January 10, 2007, Filed
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Overview: Two mayors' agreements with a developer to waive impact fees in exchange for payment of a special fee was ultra vires because the mayors had no authority to enter into such contracts, as these acts required legislative authorization, under Md. Ann. Code art. 23A, § 2 (2001) and City of Frederick, Md., Charter art. II, § 7, which was never obtained.
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