Legal Opinion · Dissent

Heron v. Strader

Court of Appeals of Maryland

Decided October 17, 2000No. 13, Sept. Term, 2000Published

1DissentCathell, Judge

I respectfully dissent. The notice requirements of the Local Government Tort Claims Act (LGTCA), and the notice requirements of the applicable predecessor acts, have always been considered by this Court to constitute a condition precedent to the subsequent filing of a cause of action against an applicable local government entity. It is not merely a waiver of immunity or a statute of limitations that is based upon the accrual of an action. We have always held that its purpose was (is) to afford to local government an opportunity to promptly investigate claims while the incidents, details and…

2Cases cited42 opinions

  1. Attorney General v. JohnsonCourt of Appeals of Maryland · 1978
  2. Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
  3. Neuenschwander v. Washington Suburban Sanitary CommissionCourt of Appeals of Maryland · 1946
  4. Newell v. RichardsCourt of Appeals of Maryland · 1991
  5. Thomann v. City of RochesterNew York Court of Appeals · 1931

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