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?