Legal Opinion

Garrity v. Maryland State Board of Plumbing

Court of Special Appeals of Maryland

Decided February 26, 2015No. 2171/13PublishedCited by 2 opinions

1Opinion of the CourtZarnoch, J.

In this case of successive administrative enforcement actions brought by State agencies over a plumber’s use of unlicensed employees, the appellant, Wayne Garrity, Sr. asks this Court to apply double jeopardy principles to bar imposition of a second civil penalty, but to reject agency resort to the short-cut of collateral estoppel to prevent a second administrative trial. In short, he simultaneously asserts claims of piling on and not piling on enough. Finding no foul, we affirm the Circuit Court for Baltimore City and uphold the enforcement action of the Maryland State Plumbing Board.

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2Cases cited34 opinions

  1. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  2. Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
  3. United States v. HalperSupreme Court of the United States · 1989
  4. Hudson v. United StatesSupreme Court of the United States · 1997
  5. Breed v. JonesSupreme Court of the United States · 1975

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3Cited by2 opinions

  1. Garrity v. Maryland State Board of PlumbingCourt of Appeals of Maryland · 2016
  2. Reliable Contracting Co. v. Maryland Underground Facilities Damage Prevention AuthorityCourt of Special Appeals of Maryland · 2015

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