Schneider v. Pullen

4 Citing cases

  1. Insurance Commissioner v. Equitable

    339 Md. 596 (Md. 1995)   Cited 77 times
    Explaining that "where a party is not challenging the validity of the statute as a whole, but is arguing that the statute as applied in a particular situation is unconstitutional, and where the legislature has provided an administrative remedy, this Court has regularly held that the constitutional issue must be raised and decided in the statutorily prescribed administrative and judicial review proceedings"

    "See also, e.g., Poe v. Baltimore City, supra, 241 Md. at 308-311, 216 A.2d at 709-711; Richmark Realty v. Whittlif, 226 Md. 273, 281, 173 A.2d 196, 200 (1961); Pressman v. State Tax Commission, 204 Md. 78, 84, 102 A.2d 821, 825 (1954) ("the constitutionality of a statute may be challenged in a declaratory judgment action on the ground that the title of the statute is not descriptive of the body, as required by the State Constitution"); Schneider v. Pullen, 198 Md. 64, 68-69, 81 A.2d 226, 228-229 (1951) (litigant "does not have to" invoke and exhaust his administrative remedy "in order to raise the constitutional question of the validity of the act as a whole"). The "constitutional exception" recognized in these cases does not mean that the constitutionality of a statute as a whole cannot be raised and initially decided in the statutorily prescribed administrative proceedings.

  2. Department of Public Safety v. LeVan

    288 Md. 533 (Md. 1980)   Cited 35 times

    This compensation is in no way tied to the Workmen's Compensation statute. An attempt to so tie it ignores the fact that a scheme existed for compensation for injured prisoners under that statute and that the General Assembly in its wisdom saw fit to eliminate that scheme and to substitute the Sundry Claims Board in its stead. It has specified the criteria to be followed by the Board. We have no contention in this case that the statute is unconstitutional because of the absence of sufficient guides and standards to govern the administrative body. See, e.g., Schneider v. Pullen, 198 Md. 64, 81 A.2d 226 (1951), and Maryland Theatrical Corp. v. Brennan, 180 Md. 377, 24 A.2d 911 (1942). Thus, our opinion here is not to be interpreted as approving or disapproving this statute as to constitutionality.

  3. Criminal Inj. Comp. Bd. v. Gould

    273 Md. 486 (Md. 1975)   Cited 157 times
    Affirming the inherent power of Maryland courts to review the discretionary actions of administrative agencies

    "The Legislature cannot, of course, interfere with the judicial process by depriving litigants from raising questions involving their fundamental rights in any appropriate judicial manner, nor can it deprive the courts of the right to decide such questions in an appropriate proceeding." Schneider v. Pullen, 198 Md. 64, 68, 81 A.2d 226, 228 (1951). Notwithstanding the clear expressed intention by Art. 26A, § 10 (a) to exempt the decisions and actions of the Board from judicial review, under Art. 41, § 255(a), this Court, in a long line of cases, has consistently held that the Legislature cannot divest the courts of the inherent power they possess to review and correct actions by an administrative agency which are arbitrary, illegal, capricious or unreasonable.

  4. Maryland Commission v. Downey

    110 Md. App. 493 (Md. Ct. Spec. App. 1996)   Cited 48 times
    Finding that, "if [an] agency fails to act within an appropriate time, the party adversely affected may be entitled to pursue an action for mandamus"

    Therefore, a litigant must first pursue the applicable administrative process; other remedies cannot be pursued prematurely. Schneider v. Pullen, 198 Md. 64, 68, 81 A.2d 226 (1951); Landover Books, Inc. v. Prince George's County, 81 Md. App. 54, 62, 566 A.2d 792 (1989). Although the Commission has not argued the principles pertaining to exhaustion of administrative remedies, the failure to exhaust administrative remedies is sometimes treated like a jurisdictional issue.