Maryland Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Maryland, with full citations and the original source on every page.
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Could Maryland enforce state spacing limits on group homes for people with disabilities after the 1988 federal Fair Housing Amendments Act?
In a 1989 opinion, Maryland's Attorney General concluded that a 1988 state law limiting how many community residences for special populations could be sited near each other could not be enforced again…
Does a private gas station and convenience store count as a 'public building' that a Maryland town's planning commission must review and approve?
In a 1989 opinion, Maryland's Attorney General concluded that a privately owned gas station and convenience store, even though open to the public for business, was not a 'public building' under Articl…
Who has to pay Maryland's recordation tax on an indemnity mortgage when a guarantor's loan default triggers it?
In a 1989 opinion, Maryland's Attorney General concluded that in an indemnity mortgage arrangement, where a guarantor pledges property to secure a loan to someone else, the guarantor becomes responsib…
Did the Supreme Court's 1989 Webster decision make Maryland's old abortion restrictions enforceable again?
In a 1989 opinion, Maryland's Attorney General concluded that the Supreme Court's decision in Webster v. Reproductive Health Services did not change the status of Maryland's abortion laws: provisions …
Did a Maryland citizen, doctor, or rape crisis counselor have to report a suspected adult sexual assault to police in 1989?
In a 1989 opinion, Maryland's Attorney General concluded that, apart from a handful of statutes covering especially vulnerable victims, ordinary citizens, physicians, mental health providers, and rape…
Can Maryland's legislature force a state agency to transfer a piece of land by attaching a condition to an unrelated budget appropriation?
In a 1989 opinion, Maryland's Attorney General concluded that a budget-bill condition ordering the Department of Health and Mental Hygiene to transfer Whitney's Landing Farm to the Department of Natur…
Can a charity that runs casino nights use the gambling proceeds to pay its officers or directors?
In a 1989 opinion, Maryland's Attorney General concluded that organizations licensed to run casino nights in Prince George's County could not use any part of the gambling proceeds to pay salaries or s…
After the Supreme Court's 1989 drug-testing rulings, could Maryland test state employees for drugs without any individual suspicion?
In a 1989 opinion, Maryland's Attorney General concluded that two new Supreme Court decisions allowed the state to drug-test employees in specifically sensitive positions, such as those carrying firea…
Could Maryland or its counties hire private lawyers on a contingency-fee basis to collect debts owed to the government?
In a 1989 opinion, Maryland's Attorney General concluded that Maryland counties already had authority to hire private lawyers, including on a contingent-fee basis, to collect debts owed to the county,…
Are civilian paramedics considered firefighters for pension and Social Security purposes in Maryland?
In a 1989 opinion, Maryland's Attorney General concluded that a civilian paramedic in the Baltimore City Fire Department did not hold a 'fireman's position' under the federal Social Security exclusion…
If a Maryland review commission takes too long to act on a local government's Chesapeake Bay protection plan, does the plan get approved automatically?
In a 1989 opinion, Maryland's Attorney General concluded that once the Chesapeake Bay Critical Area Commission determined Somerset County's local program submission was complete, the statutory 90-day …
Did the Supreme Court's Davis v. Michigan ruling make Maryland's tax break for volunteer firefighters unconstitutional?
In a 1989 opinion, Maryland's Attorney General concluded that the state's income tax exemption for length-of-service award payments to volunteer fire, rescue, and ambulance personnel, then codified at…
Can a Montgomery County Council member resign and later be appointed to the county Planning Board, if the two jobs are otherwise incompatible?
In a 1989 opinion, Maryland's Attorney General concluded that a Montgomery County Council member could not serve simultaneously on the County Council and the County Planning Board, since the two offic…
Can a Maryland city fund a special taxing district with a tax based on construction costs?
In a 1989 opinion, Maryland's Attorney General concluded that the City of Frederick had authority under state law to create a special taxing district to fund storm drains, parking, and lighting around…
If a Maryland town creates a historic district, can the town council itself act as the historic district commission?
In a 1989 opinion, Maryland's Attorney General concluded that a town creating a historic district under the Historic Area Zoning Act had to establish a separate historic district commission, made up o…
Can a Maryland county's budget office block a State's Attorney from spending on out-of-state staff training?
In a 1989 opinion, Maryland's Attorney General concluded that a State's Attorney's office is generally subject to its county's budget and fiscal policies, including decisions about how or where to spe…
Could Maryland give owner-occupied homes a property tax break without violating the Constitution's equal protection guarantee?
In a 1989 opinion, Maryland's Attorney General concluded that a proposed constitutional amendment authorizing property tax credits limited to owner-occupied residential property would not violate the …
Did the Supreme Court's Croson decision strike down Maryland's minority business set-aside program for state contracts too?
In a 1989 opinion, Maryland's Attorney General concluded that the state's Minority Business Enterprise contracting program remained constitutional after the U.S. Supreme Court's Croson decision, becau…
Could Maryland hold parole and prison grievance hearings over closed-circuit TV instead of in person?
In a 1989 opinion, Maryland's Attorney General concluded that the Maryland Parole Commission and the Inmate Grievance Commission could lawfully hold hearings by closed-circuit television ('video-confe…
Who has to approve a Maryland state agency's sole source contract for an expert witness in litigation, the budget agency or the Attorney General?
In a 1989 opinion, Maryland's Attorney General concluded that a sole source contract for an expert witness or other litigation consultant, entered into under SF §13-107(b) because the matter involves …
Are unpaid special-education student workers covered by Maryland's Workers' Compensation Act?
In a 1989 opinion, Maryland's Attorney General concluded that handicapped students placed with private employers in unpaid work positions, as part of their special-education program, were not 'employe…
Could the University of Maryland discipline a student for something that happened off campus, like a fraternity house incident?
In a 1989 opinion, Maryland's Attorney General concluded that a public university like the University of Maryland College Park could discipline a student for off-campus misconduct detrimental to the i…
Could Maryland exempt religious child care centers from state licensing without violating the separation of church and state?
In a 1989 opinion, Maryland's Attorney General concluded that the General Assembly was constitutionally free, though not constitutionally required, to exempt religiously-affiliated child care centers …
Does Maryland reduce a retired public employee's pension by workers' compensation benefits, even if the pension isn't for a disability?
A 1988 Maryland opinion concluded that the state retirement and pension systems' set-off for workers' compensation benefits applies only to disability retirement benefits paid because of an on-the-job…
In Maryland, does a trespassing driver have to pay towing and storage fees, and can the tow company hold the car until paid?
A 1988 Maryland opinion concluded that a vehicle owner who parks without permission on private property owes reasonable towing and storage costs only if a conspicuously posted sign gave clear notice o…
Can the Mayor and Town Council together appoint members to a Maryland town's planning commission, or does state law require the mayor alone to appoint them?
In a 1988 opinion, Maryland's Attorney General concluded that Ocean City's practice of having the Mayor and Council jointly appoint members of the Planning Commission and Board of Zoning Appeals was c…
Can a Maryland town pass its own rules regulating charity gambling that the state already allows?
In a 1988 opinion, Maryland's Attorney General concluded that municipal corporations had no existing authority under their general police power to regulate or prohibit charitable gambling that state l…
Can Maryland spray pesticides for gypsy moth control on private property without the owner's consent?
In a 1988 opinion, Maryland's Attorney General concluded that the Secretary of Agriculture had broad discretionary authority to run the State's gypsy moth control program, including deciding which pes…
Can a Maryland county charge a percentage-based fee on industrial revenue bonds issued by a state financing authority?
In a 1988 opinion, Maryland's Attorney General concluded that Howard County's ordinance charging 0.125% of the face amount of MIDFA refunding bonds was, despite being labeled a fee, actually a tax the…
Can a clinical social worker diagnose a mental or emotional disorder in Maryland, or is that only a doctor's job?
In a 1988 opinion, Maryland's Attorney General concluded that a clinical social worker could not diagnose a patient's condition on their own, but once a physician had personally assessed the patient a…
Can the Maryland Port Administration run its own port terminals and unionize its workers, instead of leasing everything to private operators?
In a 1988 opinion, Maryland's Attorney General concluded that the Maryland Port Administration could directly operate port facilities, and engage in collective bargaining with unionized labor, only wh…
Could the Maryland Stadium Authority use lottery-funded 'pay-go' money to buy the Camden Yards land, or only to build on land it already owned?
In a 1988 opinion, Maryland's Attorney General concluded that the Maryland Stadium Authority could use Maryland Stadium Facilities Fund money to help pay for acquiring the Camden Yards property, not j…
Could a Maryland patient refuse a feeding tube, and who could decide when the patient lacked capacity?
In 1988, the Attorney General concluded that a competent Maryland patient had constitutional and common-law rights to refuse artificially administered nutrition and hydration. For a patient who lacked…
Which Maryland transportation agencies can set their own employee salaries instead of following the state's Merit System pay plan?
In a 1988 opinion, Maryland's Attorney General concluded that the Maryland Transportation Authority, Mass Transit Administration, State Highway Administration, and Maryland Port Commission/Administrat…
Can a Maryland state commission adopt a bylaw requiring a stricter voting majority than the one set in its governing statute?
In a 1988 opinion, Maryland's Attorney General concluded that the Chesapeake Bay Critical Area Commission could not enforce its own bylaw requiring a stricter voting majority than the one the General …
Did the 1988 agreement between the Maryland Stadium Authority and the Baltimore Orioles count as the 'long-term lease' state law required before issuing stadium bonds?
In a 1988 opinion, Maryland's Attorney General concluded that the Memorandum of Agreement between the Maryland Stadium Authority and the Baltimore Orioles was a binding 'long-term lease' under state l…
Does Maryland's state MBE fraud statute apply to contractors who misrepresent minority-business compliance to WSSC, or only WSSC's own rules?
A 1988 Maryland opinion concluded that the Washington Suburban Sanitary Commission (WSSC), a bicounty agency, is not a 'unit' of the Executive Branch covered by the State Procurement Law, so a contrac…
Can a Maryland city ban parking large trucks in residential areas even though state law regulates parking too?
In a 1988 opinion, Maryland's Attorney General concluded that the City of Rockville had authority to regulate the parking of trucks on private property in residential areas, because the Maryland Vehic…
Can a city ban loitering in public places without violating the First Amendment?
In a 1988 opinion, Maryland's Attorney General concluded that Cambridge's loitering ordinance could be applied without violating the Constitution, but only if police read each of its four prohibitions…
Can a car dealer charge a separate 'documentation fee' on top of the sale price in Maryland?
In a 1988 opinion, Maryland's Attorney General concluded that a car dealer could not charge a financed buyer a separately stated 'seller documentation fee' or 'consumer service charge' under the Retai…
Do Maryland's 1988 dollar caps on crime-victim compensation awards apply to claims that were already pending when the caps took effect?
A 1988 Maryland opinion concluded that all of Chapter 250's amendments to the Criminal Injuries Compensation Act, including its new dollar caps on disability and medical-expense awards, apply retrospe…
Can Maryland's legislature cap a state manager's salary through budget bill language instead of a separate law?
In a 1988 opinion, Maryland's Attorney General concluded that the General Assembly could validly cap executive management salaries through Budget Bill language rather than separate legislation, becaus…
Can a Maryland county require its circuit court to follow county purchasing rules, including a minority-business contracting program?
In a 1988 opinion, Maryland's Attorney General concluded that subjecting the Circuit Court for Prince George's County to the county's budget, fiscal, and purchasing laws, including its Minority Busine…
Can a Maryland county liquor board fine a bar for breaking liquor laws even if no one was criminally convicted?
In a 1988 opinion, Maryland's Attorney General concluded that the Montgomery County Board of License Commissioners could impose administrative sanctions, including fines, on alcoholic beverages licens…
Can a state aviation authority give one taxicab company the exclusive right to pick up passengers at the airport?
In a 1988 opinion, Maryland's Attorney General concluded that the State Aviation Administration could require taxicabs to hold a concession contract before picking up passengers at BWI Airport, and co…
Is a Maryland 'covenant not to encumber' real estate subject to recordation tax, and can it even be recorded?
A 1988 Maryland opinion concluded that a covenant not to encumber or convey real estate, a borrower's promise not to sell or mortgage property while a debt is outstanding, creates no security interest…
Does serving as a court-appointed special master count as 'employment' that cuts into a retired Maryland judge's pension?
A 1988 Maryland opinion concluded that a retired judge who accepts appointment as a court special master has accepted 'employment' under Article 73B, §56(c)(1), because the court controls the master's…
Did Maryland properly suspend Governor Harry Hughes's state pension while he served as Governor?
A 1988 Maryland opinion concluded that suspending former Governor Harry Hughes's Employees' Retirement System allowance during his term as Governor was proper under Article 73B, §11(12), and that Gove…
Could Maryland voters petition to referendum just the handgun ban part of a 1988 law that also protected gun makers from lawsuits?
In a 1988 opinion issued during the Saturday Night Special referendum fight, Maryland's Attorney General concluded that the handgun ban and the strict liability repeal in Chapter 533 were not legally …
Can a Maryland home rule county create a private lawsuit remedy for improper vehicle towing?
In a 1988 opinion, Maryland's Attorney General concluded that Montgomery County had authority under the Express Powers Act to create an express private right of action, including a treble damages reme…
Can someone be convicted of a lesser crime if the charging document only listed the greater offense?
In a 1988 opinion, Maryland's Attorney General concluded that a charging document did not need to separately spell out a lesser included offense as long as it clearly alleged every element and specifi…
Does Maryland's Homeowners Association Act apply to condominiums and co-ops?
In a 1988 opinion, Maryland's Attorney General concluded that the Homeowners Association Act did not apply to ordinary condominiums or cooperatives, only to the rare ones that were also part of a larg…
Can a state law stop a mortgage lender from collecting interest in advance at closing?
In a 1988 opinion, Maryland's Attorney General concluded that a Maryland statute barring lenders from collecting advance 'odd days' interest on first mortgage loans was preempted by a federal law over…
Can a Maryland town's zoning ordinance require a county to get town approval before building a public facility inside town limits?
In a 1988 opinion, Maryland's Attorney General concluded that Poolesville could not amend its zoning ordinance to require Montgomery County to get town Planning Commission and town board approval befo…
Can a governor's advisory council testify to the legislature against the Governor's own position on a bill?
In a 1988 opinion, Maryland's Attorney General concluded that the State Advisory Council for Handicapped Individuals had to route legislative disagreements through the Governor's Legislative Office fi…
Can a Maryland town condemn land owned by the county to build a sewage treatment site?
In a 1988 opinion, Maryland's Attorney General concluded that the town of Berlin could not condemn a tract of county-owned land for a sewage disposal site, because the condemnation statute's use of th…
Can Maryland discipline a secondary mortgage loan licensee for violating mortgage-broker conduct rules when the licensee makes a first-lien mortgage loan?
A 1988 Maryland opinion concluded that the Commissioner of Consumer Credit cannot directly enforce the mortgage banker/broker statute and Code of Conduct against a Secondary Mortgage Loan Law (SMLL) l…
Can a Maryland public school district let students from private religious schools use a public science center?
In a 1988 opinion, Maryland's Attorney General concluded that Prince George's County's Board of Education could constitutionally open the Howard B. Owens Science Center, including its pre- and post-vi…
Can the family of a police officer with a pre-existing heart condition still get the line-of-duty death benefit?
In a 1988 opinion, Maryland's Attorney General concluded that the $25,000 statutory death benefit for a law enforcement officer who 'is killed or dies in the performance of duties' was payable even if…
Can dealers at a charity casino night legally keep tips from players in Maryland?
In a 1988 opinion, Maryland's Attorney General concluded that dealers and other attendants at nonprofit-run casino nights in Prince George's County could not accept tips from patrons, because doing so…
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Attorney general opinions in Maryland are written by the Maryland Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.