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| Chesley v. City of Annapolis, No. 1104, September Term, 2006,
COURT OF SPECIAL APPEALS OF MARYLAND, September 27, 2007, Filed
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Overview: Board of zoning appeals properly denied an application for a setback variance to enable property owners to build a garage, because the owners failed to show a hardship, as there was no evidence to prove that a condition of the specific property prevented vehicular loading of a son's wheelchair, for which the owners sought the garage variance.
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| Tate v. State, No. 0284, September Term, 2006,
COURT OF SPECIAL APPEALS OF MARYLAND, September 27, 2007, Filed
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Overview: A jury acquitting appellant of fourth degree sexual abuse and convicting him on Md. Code Ann., Crim. Law § 3-602(a)(4) for sexual abuse of a child did not result in inconsistent verdicts as it was authorized to convict on one count and not another and to consider the act of rubbing against the victim abuse but not for the purpose of sexual arousal.
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| Dep't of Health & Mental Hygiene v. VNA Hospice ., No. 526, September Term, 2005,
COURT OF SPECIAL APPEALS OF MARYLAND, September 28, 2007, Filed
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Overview: Since a home-based hospice licensee did not have a vested property right in its license, the 2003 amendments to Md. Code Ann., Health-Gen. § 19-906, which altered its license and limited its operations without a Certificate of Need did not violate its rights under Md. Const. Decl. Rights art. 24 nor cause a taking under Md. Const. art. III, § 40.
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| Edwards v. Mayor & City Council, No. 2299, September Term, 2004,
COURT OF SPECIAL APPEALS OF MARYLAND, September 28, 2007, Filed
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Overview: Though a city was not liable for the negligent operation of a city-owned vehicle by its fire captain since the captain was picking up his children while on duty when he rear-ended another car, the city, as a self-insurer, was obligated to pay the judgment against the captain under Md. Code Ann., Transp. § 17-103(b), just as an insurance company.
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| Collins v. Gui-Fu Li, No. 1297, September Term, 2005, No. 590, September Term, 2006,
COURT OF SPECIAL APPEALS OF MARYLAND, October 2, 2007, Filed
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Overview: In a negligence case arising from a fire to a rented home, the trial court erred as a matter of law by granting the motion to dismiss filed by the landlords pursuant to Md. R. 2-322. The renters' negligence was not a cause which superseded that of the landlords, but rather a concurrent cause.
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| Alston v. State, No. 0156, September Term, 2005,
COURT OF SPECIAL APPEALS OF MARYLAND, October 3, 2007, Filed
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Overview: Denial of defendant's mistrial motion was not error where the trial court did not give required Md. R. 4-312(h) jury swearing until third day of trial, but before deliberations began; it properly applied harmless error analysis because jury was instructed on need to listen carefully and base verdict solely on evidence before it was actually sworn.
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| Atty. Griev. Comm'n of Md. v. Marcalus, Misc. Docket AG No. 41, September Term, 2007,
COURT OF APPEALS OF MARYLAND, October 3, 2007, Filed
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| Atty. Griev. Comm'n of Md. v. Turnbo, Misc. Docket AG No. 36, September Term, 2007,
COURT OF APPEALS OF MARYLAND, October 4, 2007, Filed
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| Barrie Sch. v. Patch, No. 12, September Term, 2006,
COURT OF APPEALS OF MARYLAND, October 5, 2007, Filed
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Overview: Judgment was reversed as a liquidated damages provision in the parties' contract was valid and was not a penalty. A school did not have a duty to mitigate its damages since liquidated damages clauses were binding agreements before the fact that could not be altered to correspond to actual damages determined after the fact.
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