STURDIVANT v. DHMH

No. 309, September Term, 2011.

51 A.3d 692 (2012)

207 Md. App. 33

Adeline STURDIVANT, et al. v. MARYLAND DEPARTMENT OF HEALTH AND MENTAL HYGIENE.

Court of Special Appeals of Maryland.

August 31, 2012.


Attorney(s) appearing for the Case

Joel Smith ( David Gray Wright , Kahn, Smith & Collins PA, on the brief) Baltimore, MD, for appellant.

David R. Morgan ( Douglas F. Gansler , Atty. Gen., on the brief) Baltimore, MD, for appellee.

Panel: EYLER, DEBORAH S., WRIGHT and KEHOE, JJ.


KEHOE, J.

The primary issue in this case is whether a State agency is required — as opposed to authorized — to fill vacant positions by reinstating laid-off State employees.

In 2009, the Maryland Department of Health and Mental Hygiene ("DHMH") closed the Rosewood Center, a facility that provided treatment services to developmentally disabled individuals, and transferred a number of its staff members to Spring Grove Hospital, a psychiatric hospital...

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