· 9/9/1991
Anne Arundel County v. McCormick
Citations
- 594 A.2d 1138
- 323 Md. 688
- 1991 Md. LEXIS 146
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that the municipal function test is used to determine both whether municipalities are immune from suit and immune from running of statutes of limitations
- the nullum tempus doctrine has more limited effect when the plaintiff is not the state, but one of the state’s political subdivisions
- counties and municipalities can only avoid statutes of limitations if the exercise of a governmental right is at issue
- “[A]nother way of expressing the test is ‘whether the act performed is for the common good of all or for the special benefit or profit of the corporate entity.’ ” (citation omitted)
- “As a subrogee, the County had no greater rights than its subrogor, and it was bound by the same statute of limitations which governed its employee’s action.”
- the distinction between governmental and proprietary functions is sometimes illusory in practice
Source: CourtListener parenthetical corpus (CC0).
Judges: Karwacki
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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