University System of Maryland v. Mooney

Dissenting Opinion by

MURPHY, J.

The complaint that is to be dismissed on the basis of the majority opinion was filed on June 4, 2004. Petitioner never *414argued to the Circuit Court that the complaint should be dismissed on the ground that the respondents had failed to “exhaust” their administrative remedies. Petitioner never presented this argument in the briefs it filed on the two occasions when the case at bar was pending in the Court of Special Appeals. Petitioner’s “exhaustion” argument was presented for the first time at the second oral argument in the Court of Special Appeals. Mooney v.…