Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2013

 

Denied March 20, 2014

Ham v. Ham - Pet. Docket No. 34 *





* September Term, 2014

 

Granted March 21, 2014

Anne Arundel County, Maryland, et al. v. Steve Bell, et al.- Case No. 29, September Term, 2014

Issues – Zoning and Planning – 1) Whether the prima facie aggrievement standard established in Bryniarski v. Montgomery County Bd. of Appeals, 247 Md. 137 (1967), should be expanded beyond challenges to administrative land use decisions to include challenges to legislative comprehensive zoning enactments? 2) Whether the “almost prima facie” standard as established in Ray v. Mayor of Baltimore, 430 Md. 74 (2013), should be expanded beyond challenges to administrative land use decisions to include challenges to legislative comprehensive zoning enactments? 3) Whether noise from a predicted increase in traffic constitutes “special damages”?

Falls Garden Condominium Association, Inc. v. Falls Homeowners Association, Inc.- Case No. 30, September Term, 2014

Issues – Civil Procedure – 1) Whether it was error to enforce the Letter of Intent given the parties never intended to be bound by the Letter of Intent and the Letter of Intent does not contain all material terms? 2) Did the lower court err in failing to hold a full plenary hearing on the Motion to Enforce Settlement Agreement since the existence of a binding and enforceable agreement was contested and there were contradicting proffers regarding a material issue, i.e. whether the parties intended to be bound by the Letter of Intent?

Carol Jane Gray, et al. v. Howard County Board of Elections, et al.- Case No. 107, September Term, 2013

Issues – Election Law – 1) Was the Board of Elections’ determination that the referendum summary was not “fair and accurate” is arbitrary, capricious and illegal as a matter of law? 2) Is the referendum summary as presented “fair and accurate” as required by EL § 6-201(c)(2)(i)?

Metro Maintenance Systems South, Inc. v. Thomas Milburn, et al.- Case No. 31, September Term, 2014

Issues – Civil Procedure – 1) Did CSA err in its decision that the lower court’s remand order was not a “final judgment” as defined by CJP § 12-301? 2) Did the lower court act arbitrarily and capriciously in remanding a final administrative decision to the processes of an administrative agency without conducting any record review and without any finding of fraud, mistake, inadvertence, cognizable defect, intervening factors or subsequent events? 3) Did CSA properly decide Anne Arundel County v. Rode, 214 Md.App. 702 (2013), and properly apply that ruling to the procedural circumstances in this case?

In the Matter of Carol Jane Gray, et al.- Case No. 106, September Term, 2013

Issue – Election Law – Within the context of the decision-making required by EL § 6-208(a)(2), was the Board of Elections’ determination that the referendum summary was not “fair and accurate” arbitrary, capricious and illegal as a matter of law?

State of Maryland v. Charles William Callahan - Case No. 28, September Term, 2014

Issues – Criminal Law – 1) Did CSA err in concluding that the lower court violated the doctrine of the separation of powers in finding respondent in violation of his probation based upon his failure to comply with a lawful order of his probation agent where the order was a requirement of his mandatory parole release conditions? 2) Did CSA correctly hold that the lower court erred in revoking Callahan’s probation?

Granted March 24, 2014

Justin Michael Hadel v. State of Maryland- Case No. 109, September Term, 2013

Michael Moment v. State of Maryland- Case No. 108, September Term, 2013

 

Denied March 24, 2014

Aeon Financial v. Sollers - Pet. Docket No. 617
Asare, Michael v. State - Pet. Docket No. 599
Beauchamp v. Prince George's Dept. of Soc. Services - Pet. Docket No. 564
Bell, Adrian Dishon v. State - Pet. Docket No. 500
Castro, Silverio Azamar v. State - Pet. Docket No. 536
Celis, Mynor v. State - Pet. Docket No. 615
Committee for Zoning Integrity v. Baltimore Co. Bd. of Elections - Pet. Docket No. 624
Committee for Zoning Transparency v. Baltimore Co. Bd. of Elections - Pet. Docket No. 623
Cornish, Dontae v. State - Pet. Docket No. 430
Davis, Marion Tyrell v. State - Pet. Docket No. 590
Duke v. Ffrench-Mullen - Pet. Docket No. 550
Hawthorne, John W. v. State - Pet. Docket No. 638
Hughes v. Hughes - Pet. Docket No. 620
In re: Ashley S. and Caitlyn S. - Pet. Docket No. 610
Johnson, Shawn Anthony v. State - Pet. Docket No. 568
Jones v. Harford Co. - Pet. Docket No. 602
Limberry, Antwon v. State - Pet. Docket No. 652
May, Jeanne v. State - Pet. Docket No. 547
McNeil v. McNeil - Pet. Docket No. 609
McReady v. Univ. of Maryland Univ. College - Pet. Docket No. 632
Neal, Craig v. State - Pet. Docket No. 541
Newell v. Johns Hopkins University - Pet. Docket No. 612
Preller v. Mele - Pet. Docket No. 511
Proctor, James David v. State - Pet. Docket No. 621
R&L Landscapes v. Rosenberg - Pet. Docket No. 618
Richburg v. Richburg - Pet. Docket No. 619
Rivera v. Allen - Pet. Docket No. 628
Stephens, Lee Edward v. State - Pet. Docket No. 637
Swann Haven Limited P'ship v. Passyn - Pet. Docket No. 658
Tinelli v. Titovets - Pet. Docket No. 476
Williams, Dujuan T. v. State - Pet. Docket No. 627
Williams, James, Jr. v. State - Pet. Docket No. 498