Frazier v. McCarron
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The Court of Appeals affirmed the decision of the Court of Special Appeals affirming the judgment of the circuit court finding that the Taneytown City Council violated some provisions of the Open Meetings Act (OMA), Md. Code, Title 3 of the General Provisions Article, but declining to impose sanctions, holding that the circuit court did not abuse its discretion in not imposing sanctions.
Plaintiff alleged that the Council held a meeting that was closed to the public in violation of the OMA and asked the court to impose sanctions. The circuit court entered judgment for Defendant, concluding that the Council had violated certain provisions of the OMA but that those violations were technical, harmless, and not willful. The Court of Special Appeals affirmed. The Court of Appeals affirmed, holding (1) the use of "technicality" and harmless error as reasons to excuse violations of the OMA is rejected; (2) all sanctions under the OMA are discretionary with the trial court, and the court cannot impose such sanctions unless the violations were willful; and (3) although the trial court imposed used the wrong terms, the court did not abuse its discretion in determining that imposing civil penalties on the Council was not appropriate under the circumstances.
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