purely legal inquiry (Maryland) · Go Syfert
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purely legal inquiry in Maryland

10 Maryland opinions name it 2 courts 1989–2015 0 in the last five years

The cases below were cited by Maryland courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Schwartz v. Maryland Department of Natural Resourcesgreen
md · 2005 · cited in 3 Maryland opinions naming this issue, 2007–2010
2 sentences

2010In considering such an agency decision, however, “[w]e frequently give weight to an agency’s experience in interpretation of a statute that it administers.” Schwartz, 385 Md. at 554 , 870 A.2d at 180 ; see also Board of Physician Quality Assur. v. Banks, 354 Md. 59, 69 , 729 A.2d 376, 381 (1999) (“Even with regard to some legal issues, a degree of deference should often be accorded the position of the administrative agency.”).

2010In considering such an agency decision, however, “[w]e frequently give weight to an agency’s experience in interpretation of a statute that it administers.” Schwartz, 385 Md. at 554 , 870 A.2d at 180 ; see also Board of Physician Quality Assur. v. Banks, 354 Md. 59, 69 , 729 A.2d 376, 381 (1999) (“Even with regard to some legal issues, a degree of deference should often be accorded the position of the administrative agency.”).

23
Miller v. Comptroller of Marylandgreen
md · 2007 · cited in 2 Maryland opinions naming this issue, 2010–2011
2 sentences

2011Miller v. Comptroller of Md., 398 Md. 272, 280 , 920 A.2d 467, 472 (2007) (“[T]he question is one of statutory interpretation and [is], therefore, a purely legal inquiry.”) (internal quotes and citations omitted); State Dep’t of Assessments and Tax’n v. N. Balt.

2011Miller v. Comptroller of Md., 398 Md. 272, 280 , 920 A.2d 467, 472 (2007) (“[T]he question is one of statutory interpretation and [is], therefore, a purely legal inquiry.”) (internal quotes and citations omitted); State Dep’t of Assessments and Tax’n v. N. Balt.

22
State Department of Assessments & Taxation v. North Baltimore Center, Inc.green
mdctspecapp · 2000 · cited in 2 Maryland opinions naming this issue, 2010–2011
2 sentences

2010See Miller v. Comptroller of Md., 398 Md. 272, 280-81 , 920 A.2d 467, 472 (2007) (“[T]he question is one of statutory interpretation and [is], therefore, a purely legal inquiry.”) (internal quotation marks and citations omitted); State Dep’t of Assessments & Taxation v. North Baltimore Ctr., Inc., 129 Md.App. 588, 595 , 743 A.2d 759, 763 (2000) (“The interpretation of a statute normally presents a question of law.”) (citations omitted).

2010See Miller v. Comptroller of Md., 398 Md. 272, 280-81 , 920 A.2d 467, 472 (2007) (“[T]he question is one of statutory interpretation and [is], therefore, a purely legal inquiry.”) (internal quotation marks and citations omitted); State Dep’t of Assessments & Taxation v. North Baltimore Ctr., Inc., 129 Md.App. 588, 595 , 743 A.2d 759, 763 (2000) (“The interpretation of a statute normally presents a question of law.”) (citations omitted).

22
Davis v. Slatergreen
md · 2004 · cited in 4 Maryland opinions naming this issue, 2012–2015
2 sentences

2015“This is a purely legal inquiry; therefore, we construe Rule 2-325(a) withbut giving deference to [the circuit court’s or] the intermediate appellate court’s interpretation.” Duckett, 428 Md. at 477 , 52 A.3d at 87 (citing Davis, 383 Md. at 604 , 861 A.2d at 80-81 ).

2015“This is a purely legal inquiry; therefore, we construe Rule 2-325(a) withbut giving deference to [the circuit court’s or] the intermediate appellate court’s interpretation.” Duckett, 428 Md. at 477 , 52 A.3d at 87 (citing Davis, 383 Md. at 604 , 861 A.2d at 80-81 ).

14
Duckett v. Rileygreen
md · 2012 · cited in 2 Maryland opinions naming this issue, 2015–2015
2 sentences

2015“This is a purely legal inquiry; therefore, we construe Rule 2-325(a) withbut giving deference to [the circuit court’s or] the intermediate appellate court’s interpretation.” Duckett, 428 Md. at 477 , 52 A.3d at 87 (citing Davis, 383 Md. at 604 , 861 A.2d at 80-81 ).

2015“This is a purely legal inquiry; therefore, we construe Rule 2-325(a) withbut giving deference to [the circuit court’s or] the intermediate appellate court’s interpretation.” Duckett, 428 Md. at 477 , 52 A.3d at 87 (citing Davis, 383 Md. at 604 , 861 A.2d at 80-81 ).

12
Board of Physician Quality Assurance v. Banksgreen
md · 1999 · cited in 1 Maryland opinions naming this issue, 2010–2010
2 sentences

2010In considering such an agency decision, however, “[w]e frequently give weight to an agency’s experience in interpretation of a statute that it administers.” Schwartz, 385 Md. at 554 , 870 A.2d at 180 ; see also Board of Physician Quality Assur. v. Banks, 354 Md. 59, 69 , 729 A.2d 376, 381 (1999) (“Even with regard to some legal issues, a degree of deference should often be accorded the position of the administrative agency.”).

2010In considering such an agency decision, however, “[w]e frequently give weight to an agency’s experience in interpretation of a statute that it administers.” Schwartz, 385 Md. at 554 , 870 A.2d at 180 ; see also Board of Physician Quality Assur. v. Banks, 354 Md. 59, 69 , 729 A.2d 376, 381 (1999) (“Even with regard to some legal issues, a degree of deference should often be accorded the position of the administrative agency.”).

11
Ross v. State Board of Electionsgreen
md · 2005 · cited in 1 Maryland opinions naming this issue, 2009–2009
2 sentences

2009See also Ross, 387 Md. at 668-70 , 876 A.2d 692 (discussing the history of the equitable doctrine of laches).

2009See also Ross, 387 Md. at 668-70 , 876 A.2d 692 (discussing the history of the equitable doctrine of laches).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Smith v. Gehring green
mdctspecapp · 1985
2 sentences

1989The “merger” of law and equity procedures achieved by Md.Rule 2-301 has not affected the viability or the applicability of this doctrine, [citations omitted] In Smith v. Gehring, 64 Md.App. 359, 370-72 , 496 A.2d 317 (1985), we said: We hold that neither Md.Rule 2-301, nor Md.Rule 2-323(g), nor any combination of them makes the doctrine of latches available as a defense to a purely legal claim---- Those purposes do not extend ... to a legal claim as opposed to an equitable claim.

1989The “merger” of law and equity procedures achieved by Md.Rule 2-301 has not affected the viability or the applicability of this doctrine, [citations omitted] In Smith v. Gehring, 64 Md.App. 359, 370-72 , 496 A.2d 317 (1985), we said: We hold that neither Md.Rule 2-301, nor Md.Rule 2-323(g), nor any combination of them makes the doctrine of latches available as a defense to a purely legal claim---- Those purposes do not extend ... to a legal claim as opposed to an equitable claim.

11989–1989

Where else courts name it

IL 59 (1917–2026) OH 14 (1993–2025) CA 14 (2008–2026) TX 10 (1991–2016) WA 10 (2005–2024) MD 10 (1989–2015) DE 6 (1938–2025) PA 6 (2002–2023) AL 5 (1912–1998) WI 5 (1987–2001) IA 5 (2022–2024) VA 4 (1852–2019) FL 4 (1937–2019) OR 3 (1922–1985) KS 3 (2020–2020) TN 2 (1975–1990) MS 2 (1999–2002) MI 2 (1920–2006) DC 2 (1995–2023) NY 2 (2015–2015) GA 2 (1928–1959) NM 2 (2009–2010) NJ 2 (2001–2005) NV 2 (2016–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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