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GAETANO v. CALVERT COUNTY

No. 31 (Adv), September Term, 1987.

310 Md. 121 (1987)

527 A.2d 46

BARBARA GAETANO ET AL. v. CALVERT COUNTY, MARYLAND ET AL.

Court of Appeals of Maryland.

June 30, 1987.

Attorney(s) appearing for the Case

Thomas A. Rymer, Prince Frederick, for appellants.

Emanuel Demedis, Prince Frederick, for appellees.

Argued before MURPHY, C.J., ELDRIDGE, COLE, RODOSKY, McAULIFFE and ADKINS, JJ., and JAMES F. COUCH, Jr., Associate Judge of the Court of Appeals of Maryland (retired), Specially Assigned.

JAMES F. COUCH, Judge, Specially Assigned.

The single issue presented in this case is whether the Circuit Court for Calvert County erred in dismissing an appeal from an administrative agency for a party's failure to timely file a memorandum pursuant to Maryland Rule B12.1 For the reasons to follow, we conclude that the sanction of dismissal was improper under the facts present here.

I

The facts are not in dispute and...

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