Mccormick Construction Co. v. 9690 Deerco Road Limited Partnership Book Reviews

Mccormick Construction Co. v. 9690 Deerco Road Limited Partnership by Court of Special Appeals of Maryland Book Summary

This case arises under the 180-day notice provision of the Local Government Tort Claims Act [hereinafter "LGTCA"], Md. Code (1987, 2002 Repl. Vol., 2004 Cum. Supp.), § 5-304 of the Courts and Judicial Proceedings Article. We have been asked to determine whether the 180-day notice provision as applied to minors violates the Federal Constitution and Article 19 of the Maryland Declaration of Rights. We also have been asked to review the Circuit Courts holding that the "good cause" exception contained in Section 5-304 (c) of the LGTCA was not satisfied under the facts of this case. Because we find that the 180-day notice requirement of the LGTCA is constitutional as applied to minors, and that the Circuit Court did not abuse its discretion in concluding that good cause did not exist, we shall affirm.

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