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State Courts -
Maryland - March 2 - March 6, 2006
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Blasi v. State, No. 2633, September Term, 2004,
COURT OF SPECIAL APPEALS OF MARYLAND, March 2, 2006, Filed
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Overview: In DUI case, Md. Code Ann., Transp. § 21-902(a)(1), trooper had sufficient grounds under Fourth Amendment to administer field sobriety tests to defendant at roadside during traffic stop as (1) trooper detected an odor of alcohol on him; (2) his eyes were bloodshot and glassy, and his speech was slurred; and (3) he admitted to having a few drinks.
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Grand Bel Manor Condo. v. Gancayco, No. 2529, September Term, 2004,
COURT OF SPECIAL APPEALS OF MARYLAND, March 2, 2006, Filed
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Overview: DPS's waiver of the parking requirements of Montgomery County, Md., Zoning Ordinance § 59-E-3.7 did not waive the parking requirements in Montgomery County, Md., Zoning Ordinance § 59-G-2.36(b)(5) as neither DPS nor the county board of appeals had the authority to waive the parking requirements of § 59-G-2.36(b)(5).
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DeBoy v. City of Crisfield, No. 244, September Term, 2005,
COURT OF SPECIAL APPEALS OF MARYLAND, March 3, 2006, Filed
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Overview: The circuit court correctly concluded that a resident was a bare licensee when she injured herself on an owner and occupier's property, who thus did not owe a duty to make the premises reasonably safe; as resident was on premises for sole purpose of walking her dogs, she was not an implied invitee, but merely a licensee.
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Nationwide Mut. Ins. Co. v. Wilson, No. 100, SEPTEMBER TERM, 2005,
COURT OF SPECIAL APPEALS OF MARYLAND, March 3, 2006, Filed
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Overview: In dispute between employee and employer's insurer, fellow employee exclusion in auto policy was valid because it did not contravene public policy. Personal injury liability coverage was for minimum required by Md. Code Ann., Transp., § 17-103(b)(1), exclusion required coverage to statutory minimum, and employer had workers' compensation coverage.
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State Dep't of Assessments & Taxation v. Reier, No. 273, September Term, 2005,
COURT OF SPECIAL APPEALS OF MARYLAND, March 3, 2006, Filed
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Overview: After employee was terminated from his position as a county assessor, ALJ did not err in deciding previously determined facts because case had been remanded for ALJ to answer specific questions that might have gone to the merits of the matter under Md. Code Ann., State Pers. & Pens. § 11-106, but circuit court erred in reversing ALJ.
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Banashak v. Wittstadt, No. 0589, September Term, 2005,
COURT OF SPECIAL APPEALS OF MARYLAND, March 6, 2006, Filed
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Overview: Orphans' court order denying caveators' motion to dismiss attorneys' fee petitions was not a final, appealable order under Md. Code Ann., Cts. & Jud. Proc. § 12-501 and, though the denial of a petition to transmit issues was normally immediately appealable, the issues sought to have been transmitted involved the fees and were subject to remand.
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Canaj, Inc. v. Baker & Div. Phase III, No. 72, September Term, 2005,
COURT OF APPEALS OF MARYLAND, March 6, 2006, Filed
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Overview: Because a delinquent taxpayer failed to set forth a claim of constructive fraud to vacate various judgments of foreclosure with regard to properties sold at a tax sale, the sales were upheld under Md. Code Ann., Tax-Prop. § 14-845, and the city was not required to cite the properties as abandoned or vacant in its order to proceed.
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Cottage City Mennonite Church, Inc. v. JAS Trucking, Inc., No. 618, September Term, 2005,
COURT OF SPECIAL APPEALS OF MARYLAND, March 6, 2006, Filed
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Overview: Entry of final order establishing mechanic's lien pursuant to arbitration award against church's property and in favor of the subcontractor was not error; church's due process rights pursuant to Md. Const. Decl. Rights art. 24 were not violated, as church's failure to comply with statutory and procedural rules was what led court to establish lien.
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East Park Ltd. P'ship v. Larkin, No. 289, September Term, 2005,
COURT OF SPECIAL APPEALS OF MARYLAND, March 6, 2006, Filed
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Overview: Trial court did not err in determining collective fair value of withdrawing partners' interests in the limited partnership; "fair value" was a question of fact for trier of fact, its valuation was supported by competent and material evidence, and Md. Code Ann., Corps. & Ass'ns § 10-604 did not contemplate interest would be sold on open market.
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