The dismissal of a church’s suit was vacated, allowing it to pursue claims against Baltimore County alleging it discriminated against the church on religious grounds in violation of a federal statute and the Constitution by denying it permission to operate ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Albert Diaz

Where a plaintiff was entitled to use eminent domain to obtain rights-of-way to portions of private property, that plaintiff was likewise entitled to begin construction on those properties before the value of just compensation had been determined and paid. Background ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Pamela A. Harris

Where this court previously dismissed an applicant’s appeal after the Virginia Board of Nursing found her ineligible for an LPN license, on reconsideration, the matter is remanded so the board can address an undecided eligibility argument that she raised in ...

Tagged with: Administrative Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

In a dispute where a charitable foundation that operates patient assistance programs challenges an advisory opinion from the Department of Health and Human Services, the court said that although the Administrative Procedure Act limits a court’s discretion to grant discovery ...

Tagged with: Administrative Judge M. Hannah Lauck U.S. District Court - Eastern District

An applicant for supplemental security income will get another chance to convince an administrative law judge that she is entitled to benefits after the court held the ALJ’s initial opinion did not adequately explain her reasoning, including how the applicant’s ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Henry F. Floyd

In upholding the granting of summary judgment to the North Carolina Department of Transportation and the Federal Highway Administration, the court rejected claims by Outer Banks residents that the agencies violated federal laws in approving the Pamlico Sound bridge. Background ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Allyson K. Duncan

The court found a foundation repair company that repeatedly failed to obtain building permits or inspections and was sanctioned by the Department of Professional and Occupational Regulation for its eighth violation had notice of the board’s range of sanctions and ...

Tagged with: Administrative Judge Robert P. Frank Virginia Court of Appeals

The circuit court too broadly applied the attorney-client and work-product exemptions in Virginia’s Freedom of Information Act when approving a city’s redactions of invoices for legal and expert witness fees. The case is remanded for further review and to determine ...

Tagged with: Administrative Justice Stephen R. McCullough Supreme Court of Virginia

The court held the plaintiffs were entitled to a temporary restraining order because they demonstrated the government likely violated contracting rules in awarding the contact to another entity, the plaintiffs would suffer irreparable harm if they were replaced on the ...

Tagged with: Administrative Judge Henry Coke Morgan Jr. U.S. District Court - Eastern District

The district court properly dismissed a suit brought by nursing homes on behalf of individual residents challenging Medicaid decisions made by Maryland state agencies because the relief they sought was barred by the Eleventh Amendment. Background Several nursing homes, on ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge G. Steven Agee