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· 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

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.