State v. One 1983 Chevrolet Van

28 Citing cases

  1. Kaczorowski v. City of Baltimore

    309 Md. 505 (Md. 1987)   Cited 508 times
    Holding that provision repealing authority for local industrial development authority should be disregarded

    But on other occasions much more extensive inquiry will be required. Thus, in State v. One 1983 Chevrolet Van, 309 Md. 327, 524 A.2d 51, (1987), we held that when a motor vehicle is forfeited under Art. 27, § 297, and is then sold in a commercially reasonable manner, the person who owned it prior to forfeiture is not prohibited from purchasing it. 309 Md. at 345-47, 524 A.2d at 60. Although we did not describe any of the statutes involved in that case as ambiguous or uncertain, we did search for legislative purpose or meaning — what Judge Orth, writing for the Court, described as "the legislative scheme." At 344-45, 524 A.2d at 59.

  2. Patrick v. Patrick

    649 A.2d 1204 (Md. Ct. Spec. App. 1994)   Cited 3 times
    In Patrick, the testatrix had drawn lines through a specific bequest of $5,000 to her granddaughter and a provision in the residuary clause leaving one-half of the residue to her son.

    We may and often must consider other "external manifestations" or "persuasive evidence," including a bill's title and function paragraphs, amendments that occurred as it passed through the legislature, its relationship to earlier and subsequent legislation, and other material that fairly bears on the fundamental issue of legislative purpose or goal, which becomes the context within which we read the particular language before us in a given case. . . . Thus, in State v. One 1983 Chevrolet Van, 309 Md. 327, 524 A.2d 51, (1987), we held that when a motor vehicle is forfeited under Art. 27, § 297, and is then sold in a commercially reasonable manner, the person who owned it prior to forfeiture is not prohibited from purchasing it. 309 Md. at 345-47, 524 A.2d at 60. Although we did not describe any of the statutes involved in that case as ambiguous or uncertain, we did search for legislative purpose or meaning — what Judge Orth, writing for the Court, described as "the legislative scheme." At 344-45, 524 A.2d at 59.

  3. State v. One 1984 Toyota Truck

    311 Md. 171 (Md. 1987)   Cited 20 times
    Stating that unilateral alienation or conveyance is not sufficient to sever tenancy by the entirety in Maryland

    Those changes are noted by Judge Orth, for this Court, in State v. One 1983 Chevrolet Van, 309 Md. 327, 330-331, 524 A.2d 51, 52-53 (1987); see also Judge Moylan's opinion for the Court of Special Appeals in State v. 1982 Plymouth, 67 Md. App. 310, 318-325, 507 A.2d 633, 637-640 (1986). For present purposes, it is enough to say that these changes added provisions looking to the protection of holders of security interests in forfeited vehicles.

  4. Ford v. General Motors Acceptance Corp.

    633 A.2d 410 (Md. Ct. Spec. App. 1993)   Cited 2 times

    Institutions involved in automobile financing were not satisfied with this state of affairs, and, in 1984, they were successful in persuading the Legislature, through the enactment of 1984 Md. Laws, ch. 549, to provide substantially more protection. Much of the history of this legislation was recounted by the Court of Appeals in State v. One 1983 Chevrolet Van, 309 Md. 327, 331-33, 524 A.2d 51 (1987). Judge Orth there noted:

  5. Empire v. Hardy

    386 Md. 628 (Md. 2005)   Cited 37 times
    In Empire Properties v. Hardy, 386 Md. 628, 650, 873 A.2d 1187 (2005), we reiterated this progression of the mortgagee's interest in deciding when a purchaser in a mortgage foreclosure sale acquires a legal right to possess property, as opposed to a right to request possession of property.

    We may and often must consider other "external manifestations" or "persuasive evidence," including a bill's title and function paragraphs, amendments that occurred as it passed through the legislature, its relationship to earlier and subsequent legislation, and other material that fairly bears on the fundamental issue of legislative purpose or goal, which becomes the context within which we read the particular language before us in a given case.' ` . . . [I]n State v. One 1983 Chevrolet Van, 309 Md. 327, 524 A.2d 51 (1987), . . . [a]lthough we did not describe any of the statutes involved in that case as ambiguous or uncertain, we did search for legislative purpose or meaning — what Judge Orth, writing for the Court, described as "the legislative scheme." [ Id. at] 344-45, 524 A.2d at 59.

  6. Marzullo v. Kahl

    366 Md. 158 (Md. 2001)   Cited 101 times
    Holding that where a permit was improperly issued, it was not a lawful permit, and permittee was not entitled to a vested right

    We may and often must consider other `external manifestations' or `persuasive evidence,' including a bill's title and function paragraphs, amendments that occurred as it passed through the legislature, its relationship to earlier and subsequent legislation, and other material that fairly bears on the fundamental issue of legislative purpose or goal, which becomes the context within which we read the particular language before us in a given case. . . . [I]n State v. One 1983 Chevrolet Van, 309 Md. 327, 524 A.2d 51 (1987), . . . [a]lthough we did not describe any of the statutes involved in that case as ambiguous or uncertain, we did search for legislative purpose or meaning-what Judge Orth, writing for the Court, described as `the legislative scheme.' [ Id. at] 344-45, 524 A.2d at 59. We identified that scheme or purpose after an extensive review of the context of Ch. 549, Acts of 1984, which had effected major changes in Art. 27, § 297. That context included, among other things, a bill request form, prior legislation, a legislative committee report, a bill title, related statutes and amendments to the bill.

  7. Tipton v. Partner's Management

    364 Md. 419 (Md. 2001)   Cited 22 times
    Discussing the legislative history of the predecessor to § 5-101, which was incorporated by reference, stating that "all actions, whether of debt, ejectment or of any other description whatsoever, brought to recover rent in arrear, reserved under any form of lease . . . all distraints issued to recover such rent shall be commenced, sued or issued within three years from the time the cause of action accrued."

    . . . [I]n State v. One 1983 Chevrolet Van, 309 Md. 327, 524 A.2d 51 (1987), . . . [a]lthough we did not describe any of the statutes involved in that case as ambiguous or uncertain, we did search for legislative purpose or meaning what Judge Orth, writing for the Court, described as "the legislative scheme." [ Id.

  8. In re Anthony R

    362 Md. 51 (Md. 2000)   Cited 45 times
    Holding that the thirty day time limit for charging is mandatory and dismissal is the sanction

    We may and often must consider other "external manifestations" or "persuasive evidence," including a bill's title and function paragraphs, amendments that occurred as it passed through the legislature, its relationship to earlier and subsequent legislation, and other material that fairly bears on the fundamental issue of legislative purpose or goal, which becomes the context within which we read the particular language before us in a given case. . . . [I]n State v. One 1983 Chevrolet Van, 309 Md. 327, 524 A.2d 51 (1987), . . . [a]lthough we did not describe any of the statutes involved in that case as ambiguous or uncertain, we did search for legislative purpose or meaning what Judge Orth, writing for the Court, described as "the legislative scheme." [ Id. at] 344-45, 524 A.2d at 59.

  9. Roberts v. State

    361 Md. 346 (Md. 2000)   Cited 27 times
    In Roberts, the trial court denied the defendant's request for a competency evaluation without a hearing on the matter and therefore never gave the accused an opportunity to be heard in order to develop evidence, on the record, of his competency.

    . . [I]n State v. One 1983 Chevrolet Van, 309 Md. 327, 524 A.2d 51 (1987), . . . [a]lthough we did not describe any of the statutes involved in that case as ambiguous or uncertain, we did search for legislative purpose or meaning — what Judge Orth, writing for the Court, described as "the legislative scheme."

  10. Total Audio-Visual Systems, Inc. v. Department of Labor

    360 Md. 387 (Md. 2000)   Cited 35 times
    Reviewing whether an unemployment benefits claimant's departure from an employer for a higher-paying position qualifies as "good cause"

    . . . [I]n State v. One 1983 Chevrolet Van, 309 Md. 327, 524 A.2d 51 (1987), . . .