Schneider v. Pullen

3 Citing cases

  1. Davis v. Montgomery County

    298 A.2d 178 (Md. 1972)   Cited 14 times

    We, and our predecessors, however, have sustained delegations of legislative power to administrative officials, boards and commissions involving comparable guides and standards or even those less restrictive. See, e.g., McBriety v. Baltimore City, 219 Md. 223, 238, 148 A.2d 408, 418 (1959) [rules and regulations "proper and necessary" to enforce multiple-family dwelling ordinance for protection of the public interest]; Givner v. Commissioner of Health of Baltimore City, 207 Md. 184, 191-92, 113 A.2d 899, 902 (1955) [rules and regulations "necessary and proper" for the enforcement of the health ordinance], citing with approval Petrushansky v. State, 182 Md. 164, 32 A.2d 696 (1943) ["maintain the premises in clean condition"]; Schneider v. Pullen, 198 Md. 64, 81 A.2d 226 (1951) [Private trade schools must obtain certificates of approval by the State Superintendent of Schools where the conditions of entrance, scholarship, educational qualifications, standards and facilities "were adequate and appropriate" for the purposes, program, training and courses to be taught.]. In Givner, we said in regard to our prior decisions:

  2. State Dep't of A. Tax. v. Clark

    281 Md. 385 (Md. 1977)   Cited 48 times
    Finding that the definition of "contested case" in the APA contemplates only those proceedings in which a party is entitled to a hearing in front of the administrative agency

    There are general statements in past opinions of this Court, which taken apart from the actual decisions involved, appear to support the claim that even though there be an administrative remedy, a court of equity may intervene and act when a constitutional question is involved. See Schneider v. Pullen, 198 Md. 64, 68, 81 A.2d 226 (1951); Kracke v. Weinberg, 197 Md. 339, 343, 79 A.2d 387 (1951). The law on the matter was made clear in Poe. It declared that where there is full opportunity for a property owner to protest an assessment to administrative agencies and adequate provisions for judicial review of the agencies' action, a court shall not take jurisdiction unless the administrative remedies have been exhausted.

  3. Poe v. Mayor of Baltimore

    241 Md. 303 (Md. 1966)   Cited 65 times
    Finding resort to board of appeals not to be inadequate for plaintiff's as-applied challenge to the constitutionality of a Baltimore City zoning ordinance

    In support of their argument, the appellants cite general statements from some of this Court's prior opinions which, taken apart from the actual decisions involved, tend to support their contention. For example, in Schneider v. Pullen, 198 Md. 64, 68, 81 A.2d 226 (1951), Chief Judge Marbury, for the Court, said: "We have, however, been careful to point out that where constitutional questions are involved, the litigant has the right to raise them in a court of equity, and such court has the right to consider them," and in Kracke v. Weinberg, 197 Md. 339, 343, 79 A.2d 387 (1951), Chief Judge Marbury said, for the Court: "It has been, of course, well settled that where a constitutional question is involved, equity may intervene and enjoin action by an administrative body, although this is not favored where there are statutory remedies which permit the raising of such a question." There are few absolutes in the law, and the rule that an administrative remedy must be exhausted before recourse is had to the courts is not one of them.