Legal Opinion

Thornton Mellon v. Frederick Cnty. Sheriff

Court of Special Appeals of Maryland

Decided September 3, 2021No. 2224/19Published

1Opinion of the Court

Thornton Mellon, LLC v. Frederick County Sheriff, et al., Nos. 2224, 2330, 2580, September Term 2019, No. 151, September Term 2020 Opinion by Friedman, J. SHERIFFS—IMPLIED POWERS When the General Assembly, the Court of Appeals, or the common law grants the sheriff an express power, or gives the sheriff an express duty, the sheriff may also exercise those powers that are fairly implied to fulfill that express power or duty. The sheriff’s exercise of those implied powers must be reasonable, neither arbitrary nor capricious, and consistent with the act being administered and relevant law.…

2Cases cited26 opinions

  1. South v. Maryland Ex Rel. PottleSupreme Court of the United States · 1856
  2. Harvey v. MarshallCourt of Appeals of Maryland · 2005
  3. McCullough v. WittnerCourt of Appeals of Maryland · 1989
  4. Rucker v. Harford CountyCourt of Appeals of Maryland · 1989
  5. City of Frederick v. PickettCourt of Appeals of Maryland · 2006

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