42 Maryland opinions name it 3 courts 1932–2025 4 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 |
|---|---|---|
Maryland State Administrative Board of Election Laws v. Talbot Countygreen2 sentences2003XI-A home rule counties,” citing generally, Board of Election Laws v. Talbot County, 316 Md. 332, 344 , 558 A.2d 724, 730 (1989); Griffith v. Wakefield, 298 Md. 381, 384 , 470 A.2d 345, 347 (1984); Town of Forest Heights v. Frank, 291 Md. 331, 342 , 435 A.2d 425, 431 (1981); Cheeks v. Cedlair Corp., 287 Md. 595, 597-598 , 415 A.2d 255, 256 (1980). 2003XI-A home rule counties,” citing generally, Board of Election Laws v. Talbot County, 316 Md. 332, 344 , 558 A.2d 724, 730 (1989); Griffith v. Wakefield, 298 Md. 381, 384 , 470 A.2d 345, 347 (1984); Town of Forest Heights v. Frank, 291 Md. 331, 342 , 435 A.2d 425, 431 (1981); Cheeks v. Cedlair Corp., 287 Md. 595, 597-598 , 415 A.2d 255, 256 (1980). | 6 | 6 |
McCrory Corp. v. Fowlerred2 sentences2022“Its purpose was to transfer the General Assembly’s power to enact many types of county public local laws to the [Article] XI-A home rule counties.” McCrory, 319 Md. at 16 . 2022“Its purpose was to transfer the General Assembly’s power to enact many types of county public local laws to the [Article] XI-A home rule counties.” McCrory, 319 Md. at 16 . | 5 | 9 |
Holiday Universal, Inc. v. Montgomery Countygreen2 sentences2022On a number of occasions, we have pointed out that Article XI-A, which we commonly refer to as the Home Rule Amendment, enabled Baltimore City and counties “which chose to adopt a home rule charter, to achieve a significant degree of political self-determination.” Piscatelli v. Bd. of Liquor License Comm’rs, 378 Md. 623, 633 (2003) (quoting Holiday Universal, Inc. v. Montgomery Cty., 377 Md. 305, 313 (2003)) (additional quotations omitted). 2022On a number of occasions, we have pointed out that Article XI-A, which we commonly refer to as the Home Rule Amendment, enabled Baltimore City and counties “which chose to adopt a home rule charter, to achieve a significant degree of political self-determination.” Piscatelli v. Bd. of Liquor License Comm’rs, 378 Md. 623, 633 (2003) (quoting Holiday Universal, Inc. v. Montgomery Cty., 377 Md. 305, 313 (2003)) (additional quotations omitted). | 4 | 4 |
Tyma v. Montgomery Countygreen2 sentences2009As we have pointed out on numerous occasions, Article XI-A enabled Baltimore City and counties " ‘which chose to adopt a home rule charter, to achieve a significant degree of political self-determination.’ ” Holiday Universal v. Montgomery County, 377 Md. 305, 313 , 833 A.2d 518, 523 (2003), quoting Tyma v. Montgomery County, 369 Md. 497, 504 , 801 A.2d 148, 152 (2002). 2009As we have pointed out on numerous occasions, Article XI-A enabled Baltimore City and counties " ‘which chose to adopt a home rule charter, to achieve a significant degree of political self-determination.’ ” Holiday Universal v. Montgomery County, 377 Md. 305, 313 , 833 A.2d 518, 523 (2003), quoting Tyma v. Montgomery County, 369 Md. 497, 504 , 801 A.2d 148, 152 (2002). | 3 | 5 |
State v. Stewartgreen2 sentences2022In McCrory, we explained that the purpose of Article XI-A was to secure a “larger measure of home rule . . . to the people of the respective political subdivisions of the state in matters of purely local concern, in order that there should be the fullest measure of local self-government, and that these local 27 questions should thus be withdrawn from consideration by the General Assembly. . . .” Id. (quoting State v. Stewart, 152 Md. 419, 422 (1927)). 2022In McCrory, we explained that the purpose of Article XI-A was to secure a “larger measure of home rule . . . to the people of the respective political subdivisions of the state in matters of purely local concern, in order that there should be the fullest measure of local self-government, and that these local 27 questions should thus be withdrawn from consideration by the General Assembly. . . .” Id. (quoting State v. Stewart, 152 Md. 419, 422 (1927)). | 3 | 4 |
Board of Supervisors of Elections v. Smallwoodgreen2 sentences2025Board of Supervisors of Elections of Anne Arundel County v. Smallwood, 327 Md. 220, 241 , 608 A.2d 1222, 1232 (1992).” Atkinson I, 428 Md. at 749 , 53 A.3d at 1199-1200 (cleaned up) (emphasis added). 2025Board of Supervisors of Elections of Anne Arundel County v. Smallwood, 327 Md. 220, 241 , 608 A.2d 1222, 1232 (1992).” Atkinson I, 428 Md. at 749 , 53 A.3d at 1199-1200 (cleaned up) (emphasis added). | 3 | 3 |
H.P. White Laboratory, Inc. v. Blackburngreen2 sentences2022White Lab., Inc. v. Blackburn, 372 Md. 160 , 167–68 (2002) (“As made clear by the language of Article XI- A, § 3 of the Constitution . . . the law making authority of a home rule county is limited to the power to enact local laws of said . . . 2022White Lab., Inc. v. Blackburn, 372 Md. 160 , 167–68 (2002) (“As made clear by the language of Article XI- A, § 3 of the Constitution . . . the law making authority of a home rule county is limited to the power to enact local laws of said . . . | 3 | 3 |
Cheeks v. Cedlair Corp.green2 sentences2025XI-A, § 1, the referendum power is implicitly reserved to the people and is “incorporated into a home rule charter without an express grant of - 21 - legislative power, provided that it did not violate any other provision of the Home Rule Amendment.” Cheeks, 287 Md. at 612 , 415 A.2d at 264 . 2025XI-A, § 1, the referendum power is implicitly reserved to the people and is “incorporated into a home rule charter without an express grant of - 21 - legislative power, provided that it did not violate any other provision of the Home Rule Amendment.” Cheeks, 287 Md. at 612 , 415 A.2d at 264 . | 2 | 6 |
Griffith v. Wakefieldgreen2 sentences2003XI-A home rule counties,” citing generally, Board of Election Laws v. Talbot County, 316 Md. 332, 344 , 558 A.2d 724, 730 (1989); Griffith v. Wakefield, 298 Md. 381, 384 , 470 A.2d 345, 347 (1984); Town of Forest Heights v. Frank, 291 Md. 331, 342 , 435 A.2d 425, 431 (1981); Cheeks v. Cedlair Corp., 287 Md. 595, 597-598 , 415 A.2d 255, 256 (1980). 2003XI-A home rule counties,” citing generally, Board of Election Laws v. Talbot County, 316 Md. 332, 344 , 558 A.2d 724, 730 (1989); Griffith v. Wakefield, 298 Md. 381, 384 , 470 A.2d 345, 347 (1984); Town of Forest Heights v. Frank, 291 Md. 331, 342 , 435 A.2d 425, 431 (1981); Cheeks v. Cedlair Corp., 287 Md. 595, 597-598 , 415 A.2d 255, 256 (1980). | 2 | 5 |
Piscatelli v. Board of Liquor License Commissionersgreen2 sentences2022On a number of occasions, we have pointed out that Article XI-A, which we commonly refer to as the Home Rule Amendment, enabled Baltimore City and counties “which chose to adopt a home rule charter, to achieve a significant degree of political self-determination.” Piscatelli v. Bd. of Liquor License Comm’rs, 378 Md. 623, 633 (2003) (quoting Holiday Universal, Inc. v. Montgomery Cty., 377 Md. 305, 313 (2003)) (additional quotations omitted). 2022On a number of occasions, we have pointed out that Article XI-A, which we commonly refer to as the Home Rule Amendment, enabled Baltimore City and counties “which chose to adopt a home rule charter, to achieve a significant degree of political self-determination.” Piscatelli v. Bd. of Liquor License Comm’rs, 378 Md. 623, 633 (2003) (quoting Holiday Universal, Inc. v. Montgomery Cty., 377 Md. 305, 313 (2003)) (additional quotations omitted). | 2 | 2 |
Eastern Diversified Properties, Inc. v. Montgomery Countygreen2 sentences2020In other words, although a broad police power granted to a home rule jurisdiction might sometimes encompass the authority to charge regulatory fees if those fees have a sufficient nexus to the purpose of a regulation imposed under that police power, cf. Eastern Diversified Properties, 319 Md. at 51, 53 (implying that was the case for charter counties), that was not the rule under the stricter Gen. 94] 105 requirements in Article XI-E, § 5. 1997Characterizing Ch. 1041 as “an act of the General Assembly exercising its plenary taxing authority[]” (City’s brief at 16), the City states “that the Express Powers Act has never provided to chartered counties a general taxing power” (id. at 13), citing Eastern Diversified v. Montgomery County, 319 Md. 45, 50 , 570 A.2d 850, 852 (1990). | 2 | 2 |
Mayor of Forest Heights v. Frankgreen2 sentences2003XI-A home rule counties,” citing generally, Board of Election Laws v. Talbot County, 316 Md. 332, 344 , 558 A.2d 724, 730 (1989); Griffith v. Wakefield, 298 Md. 381, 384 , 470 A.2d 345, 347 (1984); Town of Forest Heights v. Frank, 291 Md. 331, 342 , 435 A.2d 425, 431 (1981); Cheeks v. Cedlair Corp., 287 Md. 595, 597-598 , 415 A.2d 255, 256 (1980). 2003XI-A home rule counties,” citing generally, Board of Election Laws v. Talbot County, 316 Md. 332, 344 , 558 A.2d 724, 730 (1989); Griffith v. Wakefield, 298 Md. 381, 384 , 470 A.2d 345, 347 (1984); Town of Forest Heights v. Frank, 291 Md. 331, 342 , 435 A.2d 425, 431 (1981); Cheeks v. Cedlair Corp., 287 Md. 595, 597-598 , 415 A.2d 255, 256 (1980). | 1 | 4 |
Ritchmount Partnership v. Board of Supervisors of Electionsgreen2 sentences1998It recognizes the power of a county council in a home rule county to enact local ordinances to maintain “the peace, good government, health and welfare of the county,” Code, Art. 25A, § 5(S), and gives charter counties and Baltimore City “a wide array of legislative and administrative powers over local affairs.” Ritchmount, 283 Md. at 57 , 388 A.2d 523 ; see Cheeks v. Cedlair Corp., 287 Md. 595, 610-11 , 415 A.2d 255 (1980). 1998It recognizes the power of a county council in a home rule county to enact local ordinances to maintain “the peace, good government, health and welfare of the county,” Code, Art. 25A, § 5(S), and gives charter counties and Baltimore City “a wide array of legislative and administrative powers over local affairs.” Ritchmount, 283 Md. at 57 , 388 A.2d 523 ; see Cheeks v. Cedlair Corp., 287 Md. 595, 610-11 , 415 A.2d 255 (1980). | 1 | 3 |
Coalition for Open Doors v. Annapolis Lodge No. 622green2 sentences2003Instead, the “General Assembly has preempted this area by Art. 2B of the Code,” Coalition v. Annapolis Lodge, 333 Md. 359 , 362 n. 1, 635 A.2d 412 , 413 n. 1 (1994). 2003Instead, the “General Assembly has preempted this area by Art. 2B of the Code,” Coalition v. Annapolis Lodge, 333 Md. 359 , 362 n. 1, 635 A.2d 412 , 413 n. 1 (1994). | 1 | 2 |
Atkinson v. Anne Arundel Countygreen2 sentences2025Board of Supervisors of Elections of Anne Arundel County v. Smallwood, 327 Md. 220, 241 , 608 A.2d 1222, 1232 (1992).” Atkinson I, 428 Md. at 749 , 53 A.3d at 1199-1200 (cleaned up) (emphasis added). 2025Board of Supervisors of Elections of Anne Arundel County v. Smallwood, 327 Md. 220, 241 , 608 A.2d 1222, 1232 (1992).” Atkinson I, 428 Md. at 749 , 53 A.3d at 1199-1200 (cleaned up) (emphasis added). | 1 | 1 |
DeVaughn v. Stategreen1 sentence2025As the Supreme Court of Maryland stated, “the distinction that is made between defense of the home and defense of the person is merely that in the former there is no duty to retreat.” DeVaughn v. State, 232 Md. 447, 454 (1963) (citing Crawford, 231 Md. at 361–62). | 1 | 1 |
City of Annapolis v. Anne Arundel Countygreen2 sentences2012My colleagues assert that our statement in City of Annapolis v. Anne Arundel County, 347 Md. 1 , 698 A.2d 523 (1997) that, "[t]he budgetary and appropriation system is a fundamental aspect of the form and structure of a home rule county's government[,j” id. at 15 , 698 A.2d at 530 (internal quotations omitted), stands for the principle that a charter amendment purporting to direct the County Council to appropriate funds in a certain manner, in this case consistent with an arbitrator’s award, is proper charter material. 2012My colleagues assert that our statement in City of Annapolis v. Anne Arundel County, 347 Md. 1 , 698 A.2d 523 (1997) that, "[t]he budgetary and appropriation system is a fundamental aspect of the form and structure of a home rule county's government[,j” id. at 15 , 698 A.2d at 530 (internal quotations omitted), stands for the principle that a charter amendment purporting to direct the County Council to appropriate funds in a certain manner, in this case consistent with an arbitrator’s award, is proper charter material. | 1 | 1 |
District of Columbia v. Hellergreen2 sentences2011In declaring Sections 7-2502.02(a)(4) (prohibiting the registration of handguns, without a home exception) and 22-4504(a) (prohibiting carrying a handgun within one's home, without a license) unconstitutional, the Court emphasized that handguns were "overwhelmingly chosen by American society" for self-defense and determined that under any standard of scrutiny, "banning from the home the most preferred firearm in the nation to keep and use for protection of one's home and family, would fail constitutional muster." Id. at 628-29 , 128 S.Ct. at 2817-18 , 171 L.Ed.2d at 679 (citation omitted) (int 2011In declaring Sections 7-2502.02(a)(4) (prohibiting the registration of handguns, without a home exception) and 22-4504(a) (prohibiting carrying a handgun within one's home, without a license) unconstitutional, the Court emphasized that handguns were "overwhelmingly chosen by American society" for self-defense and determined that under any standard of scrutiny, "banning from the home the most preferred firearm in the nation to keep and use for protection of one's home and family, would fail constitutional muster." Id. at 628-29 , 128 S.Ct. at 2817-18 , 171 L.Ed.2d at 679 (citation omitted) (int | 1 | 1 |
May Department Stores v. Montgomery Countygreen1 sentence2007See, e.g. , May Dep't Stores v. Montgomery County , 118 Md. | 1 | 1 |
Montrose Christian School Corp. v. Walshgreen2 sentences2002Article XI-A, or the Home Rule Amendment as it is sometimes called, “enables those counties adopting a home rule charter to enjoy a significant amount of self-governance by transferring the General Assembly’s power to enact many types of public local laws to the home rule counties themselves.” Montrose Christian School v. Walsh, 363 Md. 565, 579 , 770 A.2d 111, 119 (2001) (emphasis supplied). 2002Article XI-A, or the Home Rule Amendment as it is sometimes called, “enables those counties adopting a home rule charter to enjoy a significant amount of self-governance by transferring the General Assembly’s power to enact many types of public local laws to the home rule counties themselves.” Montrose Christian School v. Walsh, 363 Md. 565, 579 , 770 A.2d 111, 119 (2001) (emphasis supplied). | 1 | 1 |
| County Commissioners v. Supervisors of Electionsgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Sweeney v. Hartz Mountain Corp.
green
2 sentences2022County”) (emphasis in original) (cleaned up); Sweeney v. Hartz Mountain Corp., 319 Md. 440 (1990). 2022County”) (emphasis in original) (cleaned up); Sweeney v. Hartz Mountain Corp., 319 Md. 440 (1990). | 3 | 2003–2022 |
Crawford v. State
green
2 sentences2025As the Supreme Court of Maryland stated, “the distinction that is made between defense of the home and defense of the person is merely that in the former there is no duty to retreat.” DeVaughn v. State, 232 Md. 447, 454 (1963) (citing Crawford, 231 Md. at 361–62). 1963As we recently stated in Crawford v. State, 231 Md. 354 , 190 A. 2d 538 (1963), the distinction that is made between defense of the home and defense of the person is merely that in the former there is no duty to retreat. | 2 | 1963–2025 |
Prince George's County v. Board of Supervisors of Elections
green
2 sentences2011A related rule of statutory construction, known as ejusdem generis , expresses "the supposition that if the legislature had intended the general words to be construed in an unrestricted sense, it would not have enumerated the specific things." In re Wallace W ., 333 Md. 186 , 190-91 , 634 A.2d 53 (1993). 9 The Court in Montgomery County also decided that the Quadrennial Elections Article did not apply to special elections to fill initial county council vacancies occurring upon adoption of a home rule charter under Article XI-A of the Maryland Constitution. 337 Md. at 211 -12 . 2011And again in Prince George’s County the Court reiterated that Montgomery County “was limited by the specifics of the case before it.” 337 Md. at 509 n.7.10 Thus, the Court has found 9 The Court in Montgomery County also decided that the Quadrennial Elections Article did not apply to special elections to fill initial county council vacancies occurring upon adoption of a home rule charter under Article XI-A of the Maryland Constitution. 337 Md. at 211 - 12. | 2 | 2011–2011 |
Montgomery Citizens League v. Greenhalgh
green
2 sentences1997The effect of the County ordinance on the priority of liens in judicial sales We next examine the effect of the Montgomery County Code on the priority of liens. *449 In County Council v. Investors Funding Corp., 270 Md. 403, 413 , 312 A.2d 225 (1973), the Court of Appeals noted what it had said about a county’s home rule power in Montgomery Citizens League v. Greenhalgh, 253 Md. 151, 160-61 , 252 A.2d 242 (1969): “The Council ... is also given statutory power to pass ‘all’ ordinances it deems expedient ... and the only limit on its powers is ... that such an ordinance cannot be inconsistent wi 1997The effect of the County ordinance on the priority of liens in judicial sales We next examine the effect of the Montgomery County Code on the priority of liens. *449 In County Council v. Investors Funding Corp., 270 Md. 403, 413 , 312 A.2d 225 (1973), the Court of Appeals noted what it had said about a county’s home rule power in Montgomery Citizens League v. Greenhalgh, 253 Md. 151, 160-61 , 252 A.2d 242 (1969): “The Council ... is also given statutory power to pass ‘all’ ordinances it deems expedient ... and the only limit on its powers is ... that such an ordinance cannot be inconsistent wi | 2 | 1990–1997 |
Braboy v. State
green
1 sentence2025In Braboy v. State, this Court held the trial court’s instruction on self-defense also explained that a defendant does not have a duty to retreat when the defendant is in their home and therefore, “adequately covered” the defense of habitation instruction. 130 Md. | 1 | 2025–2025 |
In Re Wallace W.
green
2 sentences2011A related rule of statutory construction, known as ejusdem generis , expresses "the supposition that if the legislature had intended the general words to be construed in an unrestricted sense, it would not have enumerated the specific things." In re Wallace W ., 333 Md. 186 , 190-91 , 634 A.2d 53 (1993). 9 The Court in Montgomery County also decided that the Quadrennial Elections Article did not apply to special elections to fill initial county council vacancies occurring upon adoption of a home rule charter under Article XI-A of the Maryland Constitution. 337 Md. at 211 -12 . 2011A related rule of statutory construction, known as ejusdem generis , expresses "the supposition that if the legislature had intended the general words to be construed in an unrestricted sense, it would not have enumerated the specific things." In re Wallace W ., 333 Md. 186 , 190-91 , 634 A.2d 53 (1993). 9 The Court in Montgomery County also decided that the Quadrennial Elections Article did not apply to special elections to fill initial county council vacancies occurring upon adoption of a home rule charter under Article XI-A of the Maryland Constitution. 337 Md. at 211 -12 . | 1 | 2011–2011 |
Inlet Associates v. Assateague House Condominium Ass'n
green
1 sentence2003Article 23A, 1 grants the governing body of a municipal corporation the power to "pass and adopt . . . ordinances, resolutions, or bylaws necessary or proper to exercise the powers [granted the municipality]," while sec; 2 implements Article XI-E by a grant of express powers. 10 Inlet Associates, 313 Md. at 425 . | 1 | 2003–2003 |
Birge v. Town of Easton
green
1 sentence2003However, in evaluating the Town's authority, the Court made clear that its decision was limited to the Commission's electric utility function. 274 Md. at 643 . 3 Talbot County has adopted charter home rule under Article XI-A of the State Constitution and thus has authority to award a franchise under the Express Powers Act. | 1 | 2003–2003 |
Adams v. Commissioners of Trappe
green
2 sentences2002Under its police power, a home rule jurisdiction has authority "to declare what shall be deemed nuisances and to provide for their suppression." Adams v. Commissioners of Town of Trappe, 204 Md. 165 , 174 , 102 A.2d 830 (1954). "[T]he only limitation upon its right to exercise the power is that any interference by it with the unrestricted use of private property must be reasonably necessary to the public welfare and consistent with the guarantees of the Constitution." Id. 2002Under its police power, a home rule jurisdiction has authority "to declare what shall be deemed nuisances and to provide for their suppression." Adams v. Commissioners of Town of Trappe, 204 Md. 165 , 174 , 102 A.2d 830 (1954). "[T]he only limitation upon its right to exercise the power is that any interference by it with the unrestricted use of private property must be reasonably necessary to the public welfare and consistent with the guarantees of the Constitution." Id. | 1 | 2002–2002 |
Deibler v. State
green
1 sentence2001That provision “makes it unlawful for any person to ‘[w]illfully intercept ... any wire, oral, or electronic communication.’ ” Id. at 191-92, 776 A.2d 657 (citing § 10-402(a)(l)). | 1 | 2001–2001 |
| Heubeck v. Mayor of Baltimore green | 1 | 1997–1997 |
| County Council v. Investors Funding Corp. green | 1 | 1997–1997 |
| Maryland Theatrical Corp. v. Brennan green | 1 | 1980–1980 |
| Mayor of Baltimore v. Sitnick green | 1 | 1977–1977 |
| State ex rel. Ballantyne v. Leeman green | 1 | 1970–1970 |
| Monahan v. Funk green | 1 | 1970–1970 |
| Whitbeck v. Funk neutral | 1 | 1970–1970 |
| Montgomery County v. Yost neutral | 1 | 1968–1968 |
| Schneider v. Lansdale green | 1 | 1951–1951 |
| Gaither v. Jackson green | 1 | 1949–1949 |
| Mayor of Baltimore v. Fuget neutral | 1 | 1934–1934 |
| Ness v. Supervisors of Elections green | 1 | 1932–1932 |
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.