GRANTED PETITIONS FOR WRIT OF CERTIORARI

September Term, 2005

 

Granted November 10, 2005

City of Frederick, Maryland v. Allan M. Pickett - Case No. 74, September Term 2005.

ISSUE - EMINENT DOMAIN 0 MUST A CONDEMNING AUTHORITY SHOW THAT CERTAIN PROPERTY IS WITHIN A "SLUM AREA" OR "BLIGHTED AREA" BEFORE THE AUTHORITY IS ENTITLED TO CONDEMN THAT PROPERTY?

Mary C. Swam, et ux. v. Upper Chesapeake Medical Center, Inc. - Case No. 75, September Term 2005.

ISSUE - HEALTH CLAIMS ACT - IS THE PLAINTIFF;S INJURY SUBJECT TO THE HEALTH CLAIMS ACT WHICH REQUIRES CLAIMS TO BE FILED WITHIN THREE YEARS AFTER THE INJURY?

Maryland Overpak Corporation v. Mayor and City Council of Baltimore - Case No. 76, September Term 2005.

ISSUE - ZONING - IS THE ADOPTION OR AMENDMENT OF AN INDUSTRIAL PLANNED UNIT A ZONING ACTION WITHIN THE MEANING OF MARYLAND'S ZONING CODE?

Alan Bruce Chmurny v. State of Maryland - Case No. 77, September Term 2005.

ISSUE - CRIMINAL LAW - MUST A TRIAL COURT STRIKE GUILTY VERDICTS AGAINST A DEFENDANT WHO DIES BEFORE SENTENCING AND DIRECT APPEAL?

James Lowden, et ux. v. Daniel B. Bosley, et al. - Case No. 78, September Term 2005.

ISSUE - REAL PROPERTY - DOES A RESTRICTIVE COVENANT LIMITING USE OF PORPERTIES TO A "SINGLE FAMILY RESIDENTIAL PURPOSES ONLY" PROHIBIT SHORT TERM RENTALS TO TRANSIENT VACATIONERS?

Danetta Garfink v. The Cloisters at harles, Inc. - Case No. 79, September Term 2005.

ISSUE - REAL PROPERTY - DOES "TRADITIONAL EASEMENT LAW" APPLY TO EASEMENTS GRANTED IN CONDOMINIUM DOCUMENTS?

Chicago Title Insurance Company, et al. v. Allfirst Bank & Farmer's Bank of Maryland - Case No. 80, September Term 2005.

ISSUE - COMMERCIAL LAW - DID AN ENDORSEMENT OF A CHECK BY A DEPOSITORY BANK ALSO CONSTITUTE A PAYEE ENDORSEMENT OF THAT CHECK BY THE BANK?

Harleysville Mutual Insurance Company v. Walter Zelinski, et al. - Case No. 81, September Term 2005.

ISSUE - INSURANCE - DOES MARYLAND LAW PROHIBIT NAMED DRIVER EXCLUSIONS IN COMMERCIAL AUTOMOBILE POLICIES?

Kara Zelinsky v. John C. Bennett - Case No. 82, September Term 2005.

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?

Anthony H. Butler and Donald N. Lowrey v. State of Maryland  - Case No. 83, September Term 2005.

ISSUE - CRIMINAL LAW - DID THE "ALLEN" CHARGE GIVEN BY THE TRIAL JUDGE SERVE TO COERCE THE JURY INTO RETURNING A GUILTY VERDICT?

Damont Isaiah Giddins v. State of Maryland - Case No. 84, September Term 2005.

ISSUE - CRIMINAL LAW - DID THE PROSECUTOR'S PURPORTED MISCONDUCT RESULTING IN THE TRIAL COURT'S DECLARATIONOF A MISTRIAL BAR A RETRIAL UNDER DOUBLE JEOPARDY PRINCIPLES?

County Commissioners for St. Mary's County, Maryland v. Alfred A. Lacer - Case No. 85, September Term 2005.

ISSUE - COUNTIES - MAY THE COUNTY COMMISSIONERS ENTER INTO CLOSED EXECUTIVE SESSION TO DISCUSS THE ADVICE OF ITS COUNSEL REGARDING THE LEGALITY OF A COUNTY EMPLOYEE'S EMPLOYMENT CONTRACT?

James Allen Ruffin v. State of Maryland - Case No. 86, September Term 2005.

ISSUE - CRIMINAL LAW - DID THE TRIAL COURT JUDGE PROPERLY INSTRUCT THE JURY ON THE PRESUMPTION OF INNOCENCE AND REASONABLE DOUBT?