Hampden Lane Loses Petition for Review of Commission’s Award

On August 25, 2011, I had the oral argument on Hampden Lane's petition for review of the County Commission's decision in our favor on Hampden Lane's ugly retaliatory lawsuit against Anissa Harris. Judge Craven presided. He had read all the pertinent materials, as colleagues predicted, and, though the approached things differently from how we would do it, he did honor the following principle:

“The test for determining whether the [agency's] findings of fact are supported by substantial evidence is whether reasoning minds could reach the same conclusion from the facts relied upon by the [agency].” Dept. of Labor, Licensing and Regulation v. Hider, 349 Md. 71, 78, 706 A.2d 1073 (1998). “If the agency's determination is reasonably supported by the evidence in the record, [the court] must uphold the agency's determination although [it] may have come to a different result.” Mayberry v. Board of Education of Anne Arundel County, 131 Md. App. 686, 750 A.2d 677, 685 (2000). See also Marzullo v. Kahl, 366 Md. 158, 171, 783 A.2d 169 (2001); Montgomery County v. Jamsa, 153 Md. App. 346, 836 A. 2d 745, 749 (2003).

Bottom line: He affirmed the finding that the suit was illegal retaliation and he upheld all the remedies awarded by the Commission.

– submitted by Alan Banov

September