Summary
The Maryland Court of Appeals held that State Government Article §§ 12-201 and 12-202 govern the waiver of sovereign immunity for qualifying contract claims against the University of Maryland. Because the claimant failed to file suit within the one-year period required by § 12-202, the court affirmed dismissal of his breach-of-contract action. The court also held that an amendment to Education Article § 12-104 did not displace the one-year condition for bringing the claim.
Court
Court of Appeals of Maryland
Jurisdiction
Maryland
Decision date
December 13, 2007
Docket number
No. 8, Sept. Term, 2007
Disposition
affirmed
Questions Presented
- Whether State Government §§ 12-201 and 12-202 applied to Magnetti's contract action against the University.
- Whether Education § 12-104(a), including its 2004 amendment requiring restrictions on the University System's powers to be imposed by specific reference, displaced or rendered inapplicable the one-year condition in State Government § 12-202.
- Whether the University's corporate powers under Education § 12-104(b) independently waived sovereign immunity without requiring compliance with State Government § 12-202.
Holdings
- State Government §§ 12-201 and 12-202 apply to contract actions against the University, and § 12-202 requires a claimant to file within one year after the later of accrual of the claim or completion of the contract as a condition to the waiver of sovereign immunity.
- State Government § 12-202 is not a restriction on the powers or duties of the Board of Regents and therefore is not subject to Education § 12-104(a)'s requirement that outside restrictions specifically reference the University System of Maryland.
- A claimant may not avoid the requirements of State Government §§ 12-201 and 12-202 by relying on another asserted statutory waiver of the University's sovereign immunity when the claim falls within § 12-201.
Court Document
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