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REAL ESTATE COMM'N v. JOHNSON

No. 35, September Term, 1988.

320 Md. 91 (1990)

576 A.2d 760

MARYLAND REAL ESTATE COMMISSION v. ROBERT L. JOHNSON ET AL.

Court of Appeals of Maryland.

July 24, 1990.

Attorney(s) appearing for the Case

Jonathan Acton, II, Asst. Atty. Gen., J. Joseph Curran, Jr., Atty. Gen., Francis X. Pugh, Asst. Atty. Gen., Baltimore, all on brief, for appellant.

Cable, McDaniel, Bowie & Bond, Alvin C. Monshower, Jr., Michael L. Jennings, all on brief, Baltimore, for amicus curiae Maryland Ass'n of Realtors, Inc.

James A. Hyatt, Germantown, for appellee.

Argued before MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS and BLACKWELL, JJ.

COLE, Judge.

We are presented in this case with two questions: (1) whether the Maryland Real Estate Commission (the Commission) has standing to appeal court decisions, and (2) if so, whether the sale of a business operating under a lease is a real estate transaction requiring the broker of the transaction to hold a real estate license.

The facts giving rise to these issues may be summarized as follows. In 1986, the Commission received twenty-five claims against...

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