SCHEDULE
Thursday, March 2, 2006:
Bar Admissions
Misc. 12 In the Matter of the Application of Robert J. Kimmer for Admission to the Bar of Maryland
Attorney for Appellant:
Byron Warnken
Attorneys for Appellee:
Gloria Wilson Shelton
Paul Rashchke
No. 78 James Lowden et ux. v. Daniel B. Bosley et al.
Attorneys for Appellant:
Robert A. Gaumont
Brett Ingerman
Attorney for Appellee:
Jeffrey S. Getty
ISSUE - REAL PROPERTY - DEOS A RESTRICTIVE
COVENANT LIMITING USE OF PROPERTIES TO "SINGLE FAMILY RESIDENTIAL PURPOSES
ONLY" PROHIBIT SHORT TERM RENTALS TO TRANSIENT VACATIONERS?
No. 80 Chicago Title Insurance Company et al. v. Allfirst Bank & Farmer’s Bank of Maryland
Attorney for Appellant:
Wayne T. Kosmerl
Attorneys for Appellant:
Dennis P. McGlone
Brian L. Moffet
ISSUE - COMMERCIAL LAW - DID AN ENDORSEMENT
OF A CHECK BY A DEPOSITORY BANK ALSO CONSTITUTE A PAYEE ENDORSEMENT OF
THAT CHECK BY THE BANK?
No. 75 Mary C. Swam et ux. v. Upper Chesapeake Medical Center, Inc.
Attorneys for Appellant:
Benjamin Rosenberg
Andrew H. Baida
Attorneys for Appelee:
Barbara Ayres
ISSUE - HEALTH CLAIMS ACT - IS THE
PLAINTIFF'S INJURY SUBJECT TOT THE HEALTH CLAIMS ACT WHICH REQUIRES CLAIMS
TO BE FILED WITHIN THREE YEARS AFTER THE INJURY?
No. 85 County Commissioners for St. Mary’s County, Maryland v. Alfred A. Lacer
Attorney for Appellant:
Mark J. Swerdlin
Attorney for Appellee:
Stephen P. Fitzgerald
ISSUE - COUNTIES - MAY THE COUNTY
COMMISSIONERS ENTER INTO CLOSED EXECUTIVE SESSION TO DISCUSS THE ADVICE
OF ITS COUNSEL ERGARDING THE LEGALITY OF A COUNTY EMPLOYEE'S EMPLOYMENT
CONTRACT?
Friday, March 3, 2006:
AG 73 Attorney Grievance
Commission of Maryland v. Mark S. Guberman
(2004 T.)
Attorney for Petitioner:
James P. Botluck
Attorney for Respondent:
Mark S. Guberman
No. 74 City of Frederick, Maryland v. Allan M. Pickett
Attorney for Appellant:
Justin P. Hayes
Attorneys for Appellee:
Richard M. Winters
Wm. L. Haugh, Jr.
ISSUE - EMINENT DOMAIN - MUST A CONDEMNING
AUTHORITY SHOW THAT CERTAIN PROPERTY IS WITHIN A "SLUM AREA" OR "BLIGHTED
AREA" BEFORE THE AUTHORITY IS ENTITLED TO CONDEMMN THAT PROPERTY?
No. 86 James Allen Ruffin v. State of Maryland
Attorney for Appellant:
Julia Doyle Bernhardt
Attorney for Appellee:
Sarah Page Pritzlaff
ISSUE - CRIMINAL LAW - DID THE TRIAL
JUDGE PROPERLY INSTRUCT THE JURY ON THE PRESUMPTION OF INNOCENCE AND REASONABLE
DOUBT?
No. 79 Danetta Garfink v. The Cloisters At Charles, Inc.
Attorney for Appellant:
James E. Barbine
Attorney for Appellee:
John Oliveri
ISSUE - REAL PROPERTY - DOES THE
"TRADITIONAL EASEMENT LAW" APPLY TO EASEMENTS GRANTED IN CONDOMINIUM DOCUMENTS?
Monday, March 6, 2006:
AG 11 Attorney Grievance Commission of Maryland v. Uzoma C. Obi
Attorney for Petitioner:
John C. Broderick
Attorney for Respondent:
John O. Iweanoge, Jr.
No. 83 Anthony H. Butler and Donald N. Lowrey v. State of Maryland
Attorney for Appellant:
Michael Braudes
Attorney for Appellee:
Celia Anderson Davis
ISSUE - CRIMINAL LAW - DID THE "ALLEN"
CHARGE GIVEN BY THE TRIAL JUDGE SERVE TO COERCE THE JURY INTO RETURNING
A GUILTY VERDICT?
No. 84 Damont Isaiah Giddins v. State of Maryland
Attorneys for Appellant:
Ronald I. Kurland
Philip J. Sweitzer
Attorney for Appellee:
Brian Kleinbord
ISSUE - CRIMINAL LAW - DID THE PROSECUTOR'S
PURPORTED MISCONDUCT RESULTING IN THE TRIAL COURT'S DECLARATION OF A MISTRIAL
BAR A RETRIAL UNDER THE DOUBLE JEOPARDY PRINCIPLES?
No. 81 Harleysville Mutual Insurance Company v. Walter Zelinski et al.
Attorney for Appellant:
Marta D. Harting
Attorney for Appellee:
Andrew Janquito
ISSUE - INSURANCE - DOES MARYLAND
LAW PROHIBIT NAMED DRIVER EXCLUSIONS IN COMMERCIAL AUTOMOBILE INSURANCE
POLICIES?
Tuesday, March 7, 2006:
AG 16 Attorney Grievance Commission of Maryland v. N. Frank Lanocha
Attorney for Petitioner:
John Broderick
Attorney for Respondent:
Ben Lipsitz
AG 2 Attorney Grievance Commission of Maryland v. Worsham
Attorney for Petitioner:
John Broderick
Attorney for Respondent:
Charles E. Iliff, Jr.
No. 82 Kara Zelinsky v. John C. Bennett
Attorney for Appellant:
Charles R. Schaller
Attorneys for Appellee:
M. Evelyn Spurgin
Samuel J. Brown
ISSUE - ZONING - DOES THE ANNAPOLIS
BOARD OF APPEALS HAVE AUTHORITY TO RESOLVE CONFLICTS WITHIN THE ANNAPOLIS
CITY CODE RELATING TO COMPETING DEVELOPMENT CRITERIA FOR IRREGULARLY SHAPED
LOTS?
No. 76 Maryland Overpak Corporation v. Mayor and City Council of Baltimore
Attorney for Appellant:
John C. Murphy
Attorney for Appellee:
Sandra R. Gutman
Herbert Better
ISSUE - ZONING - IS THE ADOPTION
OR AMENDMENT OF AN INDUSTRIAL PLANNED UNIT A ZONING ACTION WITHIN THE MEANING
OF MARYLAND'S ZONING CODE?
On the day of argument, counsel are instructed to register in the Clerk’s Office
no later than 9:30 a.m. unless otherwise notified.
After March 7, 2006, the Court will recess until April 6, 2006.