Legal Opinion

Creighton v. Montgomery Cnty.

Court of Special Appeals of Maryland

Decided March 31, 2022No. 0999/20Published

1Opinion of the Court

Audrey Creighton v. Montgomery County, No. 0999, September Term, 2020. Opinion by Kenney, J. MUNICIPAL CORPORATIONS – TORTS – DEFECTS OR OBSTRUCTIONS IN STREETS AND OTHER PUBLIC WAYS – PROPERTY ADJACENT TO STREET – GOVERNMENTAL IMMUNITY A county is not subject to liability for harm caused to property owners who own land adjacent to a public roadway when the County uses salt to clear the road of snow and ice and its use harms the property owner’s land. Maintenance of a public way is a proprietary function, but the public ways exception, which allows for users of a roadway to sue for personal…

2Cases cited18 opinions

  1. Barbre v. PopeCourt of Appeals of Maryland · 2007
  2. Wheeling v. Selene FinanceCourt of Appeals of Maryland · 2021
  3. Mayor of Baltimore v. State Ex Rel. BluefordCourt of Appeals of Maryland · 1937
  4. Mayor of Baltimore v. MarriottCourt of Appeals of Maryland · 1856
  5. Department of Health & Mental Hygiene v. KellyCourt of Appeals of Maryland · 2007

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