Court of Appeals of Maryland

Becker v. Fall Road Comm. Ass’n

Cert. granted on August 25, 2021; Argued December 3, 2021

Issue: In order for collateral estoppel to bar a subsequently filed development plan, must the two plans be found to be identical?

Small MS4 Coal. v. Dept. of Environment

Cert. granted on August 25, 2021; Argued 12-7-2021

Issues: (1) Has Maryland Department of Environment (“MDE”) unlawfully made Queen Anne’s County (“County”) responsible for the discharges from independent third parties and nonpoint source runoff that do not discharge from the County’s MS4? (2) Has MDE unlawfully imposed requirements beyond the maximum extent practicable in the General Permit

Anne Arundel Cty. v. 808 Bestgate Realty

Cert. granted on October 12, 2021; Argued February 3, 2022

Issue: Is CSA’s interpretation of § 17-11-207 of the Anne Arundel County Code in conflict with the County Charter and the County budget process as it relates to the funding of public improvements?

Chesapeake Bay Foundation, Inc. v. CREG Westport I, LLC

Cert. granted on January 11, 2022

Issues: (1) Do the provisions of the Forest Conservation Act require an opportunity for direct appeal of an approved forest conservation plan? (2) Does the approval of a forest conservation plan constitute a final agency action subject to judicial review?

The Town of Upper Marlboro v. Prince George’s County

Cert. granted on January 11, 2022

Issues: (1) Was CR-72-2019 a final appealable decision that had to be challenged within 30 days of finality as required by Md. Code § 22-407 of the Land Use Article? (2) Was Petitioner’s appeal of CR-98-2019 sufficient to challenge the deficiencies in CR-72-2019? (3) Was the decision of the County Council sitting as the District Council deficient in setting for the purpose and scope of the minor amendment in the initiating resolution (CR-72-2019) as required by Section 27-642 of the Prince George’s County Code?

United States Supreme Court

City of Austin v. Reagan National Advertising of Texas, Inc.

Argued November 10, 2021

Issue: Whether the Austin city code’s distinction between on-premise signs, which may be digitized, and off-premise signs, which may not, is a facially unconstitutional content-based regulation under Reed v. Town of Gilbert.