Petitions for Writ of Certiorari -- October 2015


September Term, 2015


Granted October 16, 2015

Assateague Coastal Trust, Inc. v. Roy T. Schwalbach, et al. - Case No. 59, September Term, 2015

Issues – Environmental Law – 1) Did CSA veto the Legislature’s amendments to the Critical Areas Law and restore the formulation of “unwarranted hardship” as articulated in Belvoir Farms v. North, 355 Md. 259 (1999)? 2) Did CSA improperly expand the common law doctrine of riparian rights? 3) Did CSA limit the effectiveness of the Critical Areas Law by negating the presumption of non-compliance? 4) Did CSA ignore the Legislature’s requirement that the appellant prove the variance shall not adversely affect water quality or fish, wildlife or plant habitat?

Milton Everett Jackson v. Gayle Ann Sollie f/k/a Gayle S. Jackson - Case No. 62, September Term, 2015

Issue – Family Law – Should Md. follow the majority of states and require a trial judge to consider whether Social Security benefits should be offset against the marital portion of a Civil Service Retirement System pension upon dividing assets as a result of divorce?

Rowhouses, Inc. v. Myishia Smith - Case No. 60, September Term, 2015

Issue – Torts – Was the trial court legally correct in granting summary judgment in favor of Petitioner where Respondent failed to prove the existence of lead at 1622 E. Oliver Street?

Justin Sharp v. State of Maryland - Case No. 58, September Term, 2015

Issues – Criminal Law – 1) Did the trial court impermissibly consider Petitioner’s refusal to plead guilty and his exercise of his constitutional right to a trial in fashioning his sentence? 2) Did CSA err in determining that defense counsel did not preserve this issue for appellate review?

Marvin Wilson v. Sylvia Wilson - Case No. 61, September Term, 2015

Issues – Family Law – 1) Did the trial court and CSA err as a matter of law by finding that Petitioner had breached the parties’ contract when in fact the contract had been void ab initio? 2) Is a service member required to obtain the express agreement of his or her ex-spouse to waive disability benefits, which the ex-spouse would not be entitled to under Federal Law, in order to resolve the issue of the division of the military pension and not be obligated to pay disability benefits directly to the ex-spouse? 3) Did the trial court and CSA err in contravening two prior court orders by requiring Petitioner to pay one-half of his gross disability benefits to Respondent?


Denied October 19, 2015

Aeon Financial v. Sollers - Pet. Docket No. 305
American Bank v. Bay Bank - Pet. Docket No. 341
Anderson v. Staiger - Pet. Docket No. 325
Blue Sky Development v. Board of Comm'rs of Calvert Co. - Pet. Docket No. 249
Carroll Co. Planning & Zoning, et al. v. Silverman Co. - Pet. Docket No. 286 and conditional cross-petition
Chapman, Jamal v. State - Pet. Docket No. 357
Coleman, Dewayne v. State - Pet. Docket No. 310
Currica, Calvin F. v. State - Pet. Docket No. 375
Ferebee v. Guerra - Pet. Docket No. 293
Fitzgerald v. Freestate Aviation - Pet. Docket No. 359
Fox v. Fidelity First Home Mortgage - Pet. Docket No. 318
Gaiennie v. Dellers - Pet. Docket No. 299
Gladden, Donte v. State - Pet. Docket No. 377
Gough v. Williams - Pet. Docket No. 166
Grady Management v. Teasley - Pet. Docket No. 245
Hall, Jeremiah Brown v. State - Pet. Docket No. 315
Harcum, Jerry v. State - Pet. Docket No. 379
Hershey, Joseph v. State - Pet. Docket No. 300
Holley v. Baltimore City Bd. of School Comm'rs. - Pet. Docket No. 308
Hollis, Sterling S. v. State - Pet. Docket No. 262
Ingram, Monte v. State - Pet. Docket No. 158
In re: Adoption/Guardianship of Joy D. and Malachi D. - Pet. Docket No. 330
In re: Qoyasha D. - Pet. Docket No. 319
Kessler, Windsor W., III v. State - Pet. Docket No. 344
Kingman v. Personnel Bd. for Prince George's Co. - Pet. Docket No. 304
Kirby, Ramont v. State - Pet. Docket No. 316
Lambert, Bradford P. v. State - Pet. Docket No. 323
Lewis, James R. v. State - Pet. Docket No. 368
Long, Kenneth E., Jr. v. State - Pet. Docket No. 378
Lusby, Gerald v. State - Pet. Docket No. 250
McDowell, Joe Louis v. State - Pet. Docket No. 371
Middle, Mohamed v. State - Pet. Docket No. 329
Morris, Curtis v. State - Pet. Docket No. 295
Ong, Lye H. v. State - Pet. Docket No. 288
Peoples, Donald G., Jr. v. State - Pet. Docket No. 351
Pettaway, Karyn v. Feldman Ent Group - Pet. Docket No. 311
RAB Performance Recoveries v. Fry - Pet. Docket No. 353
Raysor v. Village Green Mutual Homes - Pet. Docket No. 335
Robertson, Wayne A. v. State - Pet. Docket No. 338
Sluss, Matthew D. v. State - Pet. Docket No. 373
Smith, Craig v. State - Pet. Docket No. 333
Stansbury, June Jasper, Jr. v. State - Pet. Docket No. 346
Sutherland, Montague v. State - Pet. Docket No. 326
Thompson v. Maryland Insurance Administration - Pet. Docket No. 248
Tidmore, Brian K. v. State - Pet. Docket No. 367
Torres, Victor v. State - Pet. Docket No. 340
Tuzeer v. Bd. of Liquor License Comm'rs for Baltimore City - Pet. Docket No. 324
Tyler v. Stone - Pet. Docket No. 334
Upper Chesapeake Medical Center v. Gargiulo - Pet. Docket No. 294 and cross-petition
Urban Growth Property v. One West Baltimore Street - Pet. Docket No. 349
Wilkerson, Quiana v. State - Pet. Docket No. 290
Williams v. Bd. of Appeals, DLLR - Pet. Docket No. 298
Willis v. Bd. of Appeals of Queen Anne's Co. - Pet. Docket No. 328