By Frank Johnson Deputy City Attorney, City of Gaithersburg Most of us are subject to using arbitration if we have a claim against an online or even in-person merchant, whether in using eBay or Amazon, or buying from anyone else. The same may be true for computer and electronics equipment, not to mention the telecommunication services making them operate. Yet we may not realize how extensive the system of arbitration has become, as it has grown consistently since the 1925 U.S. Arbitration Act. In many ways, even while serving absolute needs, arbitration has grown into a private justice system ..read more

By Frank Johnson Deputy City Attorney, City of Gaithersburg In a recent decision, the Maryland Appellate Court reversed a Charles County Planning Commission decision approving a site plan, remanding the case back to the Commission for specific findings to support its decision. In Elbert v. Charles County Planning Commission, the Court on November 29, 2023, found that substantial evidence did not support a Commission decision that simply incorporated a staff report by reference “with no further analysis, explanation or basis given for the conclusion reached.” Id. at 7. The problem was that the ..read more

By Frank Johnson Deputy City Attorney, City of Gaithersburg Council members serve the Section primarily through their work on committees, including the Programs, Communications, Legislative, and Membership / Nominations Committees. Their work includes creating the annual State and Local Government Law Institute and other networking programs during the year, helping to maintain the section blog, and continuing to provide newsletters and other information. Section Council members for this year include: Section Chair Elizabeth L. Adams Principal Counsel, Howard County Office of Law; Vice Chair an ..read more

By Frank Johnson Deputy City Attorney, City of Gaithersburg The State and Local Government Law Section’s signature legal education program was held virtually this year on Friday, June 2, and included four presentations by eight practitioners, one judge, and one delegate. The presentations included counseling the executive, a General Assembly update, a discussion on the legalization of cannabis, and finally an appellate roundup considering both U.S. Supreme Court and Maryland appellate cases. The first presentation focused on serving as legal counsel to elected chief executives, and included Ja ..read more

By Frank Johnson Deputy City Attorney, City of Gaithersburg September is traditionally the start of a new year for the MSBA, and as newsletter editor and Section Council member I’m pleased to welcome everyone. Our new chair, Elizabeth Adams, has already set in place our first Section Council meeting of the year to begin planning for the new year, primarily including programs and potential networking events. I also want to welcome our two new members – Sonia Cho, former Assistant Attorney General and now a member of the State Board of Contract Appeals, and Tom Yeager, who serves county and muni ..read more

By Frank Johnson Deputy City Attorney, City of Gaithersburg The Section’s annual meeting was held before the Law Institute on June 2, when second terms for two Section Council members, Jerome Spencer and Talley Kovacs, were approved. Two new Section Council members will fill the positions of Patrick Hughes and Patrick Thomas, who have reached the end of their second terms: Sonia Cho, a member of the State Board of Contract Appeals, and Tom Yeager, who is also a former member of the Section Council. Officers for next year were also approved: Chair, Elizabeth Adams; Vice-Chair, Frank Johnson; Se ..read more

By Amanda Conn General Counsel WSSC Water Happy summer and happy end of the fiscal year. I want to say thank you to everyone who attended the Spring Institute on June 2. It was a nice turnout and the speakers were informative. I was very impressed by the legislative wrap-up presentation by Jerome Spencer and Roscoe Leslie because they added some real humor into the standard run-down of the new laws that affect us. My specific takeaway from the Institute was that we need to do more programming on cannabis for our members in the coming year! I learned so much from the panel about new things ..read more

By Amanda Conn General Counsel WSSC Water Marc Hansen, the former Montgomery County Attorney, passed away on Sunday, July 16.  Marc worked in the County Attorney’s Office for 37 years, beginning as an assistant county attorney, with his last 12 years as the County Attorney.  He was the longest-serving County Attorney for Montgomery County since the County adopted a charter in 1968. Marc was well-versed in many areas of the law, providing legal opinions in the areas of tort law, procurement, legislation, constitutional law, tax, bonds, construction law, zoning, development ..read more

By Leela Fireside Senior Assistant City Attorney, Rockville County or municipal clients may ask their attorneys, “Can we give money to this good cause?” or “Can we pay this private business for an economic development opportunity?” As a municipal lawyer, I have found it helpful to have the conversation within a legal framework. In Texas, where I practiced municipal law for about 15 years, the Texas Constitution, cases, and Attorney General opinions formed the outline of the framework. In Maryland, where I am now practicing, the State law framework is less defined. Still, it is there. The infor ..read more

By Frank Johnson Deputy City Attorney, City of Gaithersburg The Section will be holding the annual Law Institute on June 2, and will host the event virtually. While we hope in future years to resume in-person events, especially for the Law Institute, the Section Council also recognizes that a virtual event does offer a measure of convenience for everyone, anywhere in the state. We have scheduled four sessions, running about an hour each. Topics include an appellate court update as well as a report on the General Assembly session for this year. Additionally, there will be an update and panel re ..read more