Maryland Supreme Court Administrative; agency deference: Where a reviewing court applies agency deference to legal interpretations of a tax statute when undertaking judicial review of a tax court decision, the court may give appropriate deference to the state comptroller’s interpretation of a tax statute to the extent the interpretation is premised upon a statute that .
Maryland Court of Appeals Consumer Protection; private right of action: Where there was no private right of action under a Baltimore City statute prohibiting unlicensed landlords from collecting rent, tenants could not sue their landlord under the statute for the rent it collected while it was unlicensed. Aleti v. Metropolitan Baltimore LLC, No. 39, Sept. .
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In an April 30, 2021 opinion, Maryland highest court, the Court of Appeals, largely reversed a decision of the Court of Special Appeals. The Court of Appeals held that: (a) posting a notice under Section 7-113 of Maryland’s
Real Property Article stating that a landlord believes a property has been abandoned so that a self-help eviction can be carried out is a violation of both that Article and the
Maryland Consumer Protection Act if the landlord has not conducted a reasonable investigation as to whether the property has been abandoned before posting the notice; (b) occupants who have not been evicted or had their access to property restricted may still recover for emotional injury that results in physical injury evidenced by objective physical manifestation; and (c) attorneys’ fees incurred by occupants in determining their rights as a result of the posting of the notice do not constitute “damages” recoverable