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CLARK v. O'MALLEY

Nos. 93, 94 Sept. Term, 2009.

73 A.3d 1086 (2013)

434 Md. 171

Kevin P. CLARK v. Mayor Martin O'MALLEY, et al. Natasha Clark v. Mayor Martin O'Malley, et al.

Court of Appeals of Maryland.

August 23, 2013.

Attorney(s) appearing for the Case

Neal M. Janey, Baltimore, MD (A. Dwight Pettit of A. Dwight Pettit, P.A., Baltimore, MD; of Counsel: Stuart O. Simms of Brown, Goldstein & Levy, LLP, Baltimore, MD), on brief, for Petitioner/Cross-Respondent in No. 93, Sept. Term, 2009.

Matthew W. Nayden, Chief Solicitor (Kathryn W. Sullivan, Assistant Solicitor of Baltimore City Department of Law, Baltimore, MD), on brief, for Respondents/Cross-Petitioners in No. 93, Sept. Term, 2009.

Andrew Radding (Jeffrey Kinstler of Adelberg, Rudow, Dorf & Hendler, LLC, Baltimore, MD), on brief, for Petitioner in No. 94, Sept. Term, 2009.

Kathryn W. Sullivan, Assistant Solicitor (Matthew W. Nayden, Chief Solicitor, Baltimore City, Department of Law, Baltimore, MD), on brief, for Respondents in No. 94, Sept. Term, 2009.

Argued before HARRELL, BATTAGLIA, GREENE, BELL, MURPHY, JOHN C. ELDRIDGE, (Retired, Specially Assigned) and IRMA S. RAKER (Retired, Specially Assigned), JJ.

BELL, C.J.

The present appeals are the second time during the course of the parties' litigation that this case has come to this Court. They, like the one before them, can be traced back to the discharge of Kevin Clark, the petitioner, from his position as Police Commissioner for Baltimore City, by the former Mayor of Baltimore City, Martin O'Malley ("Mayor"), and the City Council of Baltimore, the respondents. The facts surrounding that discharge and the procedural...

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