Legal Opinion

CBS Inc. v. Comptroller of the Treasury

Court of Appeals of Maryland

Decided June 25, 1990No. 136, September Term, 1989PublishedCited by 85 opinions

1Opinion of the Court

ADKINS, Judge.

In Consumer Protection v. Consumer Pub., 304 Md. 731, 755, 501 A.2d 48, 61 (1985), we observed that “[t]his Court has not addressed the question of when, if ever, an agency is required to proceed by rulemaking” as opposed to adjudication. On the record there before us we held that it was “appropriate” for the agency “to proceed by adjudication____” Id. at 755-756, 501 A.2d at 61. We now revisit that topic. Although we do not depart from our holding in Consumer Protection, we conclude that on the record now presented, the agency was required to adopt a policy change via…

2Cases cited24 opinions

  1. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  2. National Labor Relations Board v. Bell Aerospace Co.Supreme Court of the United States · 1974
  3. Metromedia, Inc. v. Director, Division of TaxationSupreme Court of New Jersey · 1984
  4. Carmen Gonzalez v. Orville L. FreemanCourt of Appeals for the D.C. Circuit · 1964
  5. Ramsay, Scarlett & Co. v. Comptroller of TreasuryCourt of Appeals of Maryland · 1985

19 more not listed; retrieve them via the Exa API.

3Cited by85 opinions

  1. Board of Physician Quality Assurance v. BanksCourt of Appeals of Maryland · 1999
  2. Maryland Aviation Administration v. NolandCourt of Appeals of Maryland · 2005
  3. Montgomery County v. BuckmanCourt of Appeals of Maryland · 1994
  4. Fogle v. H & G Restaurant, Inc.Court of Appeals of Maryland · 1995
  5. Marzullo v. KahlCourt of Appeals of Maryland · 2001

80 more not listed; retrieve them via the Exa API.

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