9 Maryland opinions name it 2 courts 1993–2021 1 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.
| Case | Followed | Cited |
|---|---|---|
Frankel v. Board of Regentsgreen2 sentences2016See Halle Development, Inc. v. Anne Arundel County, 371 Md. 312, 328-30 , 808 A.2d 1280 (2002) (opining that a land developer could have invoked the local government refund statute to pursue a refund claim of allegedly illegal school waiver fees paid to a county pursuant to the county’s adequate public facilities ordinance); Frankel v. Board of Regents, 361 Md. 298, 308 , 761 A.2d 324 (2000) (opining that the State agency refund provision “is applicable when a state college or university charges a student more for tuition than is legally payable”). 2016See Halle Development, Inc. v. Anne Arundel County, 371 Md. 312, 328-30 , 808 A.2d 1280 (2002) (opining that a land developer could have invoked the local government refund statute to pursue a refund claim of allegedly illegal school waiver fees paid to a county pursuant to the county’s adequate public facilities ordinance); Frankel v. Board of Regents, 361 Md. 298, 308 , 761 A.2d 324 (2000) (opining that the State agency refund provision “is applicable when a state college or university charges a student more for tuition than is legally payable”). | 1 | 2 |
Campbell v. Mayor of Annapolisgreen2 sentences2016See Campbell v. City of Annapolis, 289 Md. 300 , 424 A.2d 738 (1981). . 2016See Campbell v. City of Annapolis, 289 Md. 300 , 424 A.2d 738 (1981). . | 1 | 1 |
Halle Development, Inc. v. Anne Arundel Countygreen2 sentences2016See Halle Development, Inc. v. Anne Arundel County, 371 Md. 312, 328-30 , 808 A.2d 1280 (2002) (opining that a land developer could have invoked the local government refund statute to pursue a refund claim of allegedly illegal school waiver fees paid to a county pursuant to the county’s adequate public facilities ordinance); Frankel v. Board of Regents, 361 Md. 298, 308 , 761 A.2d 324 (2000) (opining that the State agency refund provision “is applicable when a state college or university charges a student more for tuition than is legally payable”). 2016See Halle Development, Inc. v. Anne Arundel County, 371 Md. 312, 328-30 , 808 A.2d 1280 (2002) (opining that a land developer could have invoked the local government refund statute to pursue a refund claim of allegedly illegal school waiver fees paid to a county pursuant to the county’s adequate public facilities ordinance); Frankel v. Board of Regents, 361 Md. 298, 308 , 761 A.2d 324 (2000) (opining that the State agency refund provision “is applicable when a state college or university charges a student more for tuition than is legally payable”). | 1 | 1 |
Apostol v. Anne Arundel Countygreen2 sentences2002In Apostol v. Anne Arundel County, 288 Md. 667, 672 , 421 A.2d 582, 585 (1980), we stated: “It is firmly established in this State that once a taxpayer voluntarily pays a tax or other governmental charge, under a mistake of law or under what he regards as an illegal imposition, no common law action lies for the recovery of the tax absent a special statutory provision sanctioning a refund. 2002In Apostol v. Anne Arundel County, 288 Md. 667, 672 , 421 A.2d 582, 585 (1980), we stated: “It is firmly established in this State that once a taxpayer voluntarily pays a tax or other governmental charge, under a mistake of law or under what he regards as an illegal imposition, no common law action lies for the recovery of the tax absent a special statutory provision sanctioning a refund. | 1 | 1 |
Phillips v. Comptroller of the Treasurygreen2 sentences1993Turning to the limited case law in the area, Chesapeake seeks to convince us that it is required to remit taxes on a cash basis by relying on this Court’s statement in an installment sale case, Phillips v. Comptroller, 224 Md. 350, 356 , 167 A.2d 913, 916 (1961). 1993Turning to the limited case law in the area, Chesapeake seeks to convince us that it is required to remit taxes on a cash basis by relying on this Court’s statement in an installment sale case, Phillips v. Comptroller, 224 Md. 350, 356 , 167 A.2d 913, 916 (1961). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Comptroller of the Treasury v. Science Applications International Corp.
green
2 sentences2019Corp., 405 Md. at 194 .28 As a result, because interest is inextricably intertwined with refunds, and because the Tax Court has exclusive jurisdiction over issues involving refunds, we affirm the dismissal of the suit and hold that Appellants would have had to exhaust their administrative remedies with the Tax Court before seeking judicial review in the circuit court. 2018Because the Tax Court found that DeBois was "led by the laws, regulations, or policies expressed by the State to the mistaken conclusion that tax was owed," the error in paying the tax on all of its income, and the basis of the refund claim, was "attributable to the State." See id. at 202, 950 A.2d 766 (citing DeBois , 1985 WL 6117 , at *1 ). | 3 | 2018–2019 |
Howard Baldwin v. United States
green
1 sentence2021Id. | 1 | 2021–2021 |
Benco Vending, Inc. v. Comptroller of the Treasury
green
1 sentence2020Id. 3 Carbond appealed to the Maryland Tax Court; after a three-day trial, the Tax Court denied the refund claim and affirmed the Comptroller’s assessments, but reduced the fraud penalty from 100% to 75% of the tax liability. | 1 | 2020–2020 |
Green v. Church of Jesus Christ of Latter-Day Saints
green
2 sentences2016Green, 430 Md. at 132-33 , 59 A.3d 1001 . 2016Green, 430 Md. at 132-33 , 59 A.3d 1001 . | 1 | 2016–2016 |
Vytar Associates v. Mayor of Annapolis
green
2 sentences2016This was the case in Vytar Associates v. City of Annapolis, 301 Md. 558 , 483 A.2d 1263 (1984), which concerned a refund claim for license fees that had been determined to violate Article XI-E, § 5 of the Maryland Constitution — a provision that refers to the collection of fees as well as taxes. 2016This was the case in Vytar Associates v. City of Annapolis, 301 Md. 558 , 483 A.2d 1263 (1984), which concerned a refund claim for license fees that had been determined to violate Article XI-E, § 5 of the Maryland Constitution — a provision that refers to the collection of fees as well as taxes. | 1 | 2016–2016 |
Mta v. Balto. Cty. Revenue Auth.
green
2 sentences2016Finally, the primary case that the Town cites in support of this argument actually states that water and sewer charges would ordinarily be encompassed in the terms “charges” or “fees,” even when those terms are preceded in a listing by the word “taxes.” See Mass Transit Administration v. Baltimore County Revenue Auth., 267 Md. 687 , 696- 97, 298 A.2d 413 (1973) (because water and sewer charges “are closely related to levies in 21This was the case in Vytar Associates v. City of Annapolis, 301 Md. 558 , 483 A.2d 1263 (1984), which concerned a refund claim for license fees that had been determine 2016Finally, the primary case that the Town cites in support of this argument actually states that water and sewer charges would ordinarily be encompassed in the terms “charges” or “fees,” even when those terms are preceded in a listing by the word “taxes.” See Mass Transit Administration v. Baltimore County Revenue Auth., 267 Md. 687 , 696- 97, 298 A.2d 413 (1973) (because water and sewer charges “are closely related to levies in 21This was the case in Vytar Associates v. City of Annapolis, 301 Md. 558 , 483 A.2d 1263 (1984), which concerned a refund claim for license fees that had been determine | 1 | 2016–2016 |
Rapley v. Montgomery County
green
2 sentences2016The legislative history of the refund statute, as it pertains to local governments, is also discussed in some detail in Rapley v. Montgomery County, 261 Md. 98 , 274 A.2d 124 (1971) and Vytar Associates v. City of Annapolis, 301 Md. 558, 565-68 , 483 A.2d 1263 (1984). . 2016The provision concerning refund of “ordinary taxes” paid to a county did not pertain to payments of transfer taxes. 261 Md. at 110 . 16 charges.” Id.; see also Fiscal Note for Senate Bill 171 (1971) (“This bill would provide that the refund claim procedures used by the State generally also would apply to the counties and municipalities as they pertain to special taxes or other fees, charges, penalties or interest paid.”). | 1 | 2016–2016 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.