Municipal Law

Stein Sperling’s attorneys help local governments accomplish policy objectives by drafting legislation that carries out the intent of the governing body while securing the rights of its citizens. We are able to advise elected and appointed officials of practical considerations associated with passing new laws and counsel government staff on the intricacies of enforcing such laws if and when they are passed. This allows public officials to focus more steadily on establishing policies and achieving results for their constituents.

Our attorneys have experience developing properly written and technically sound legislation that avoids unintended consequences wherever possible. We have a depth of experience drafting charter amendments and municipal ordinances related to buildings, “mansionization,” signs, noise and numerous other topics of concern.

Our attorneys’ diverse experience assists policymakers as they pursue legislative objectives within the communities they serve. This means counseling officials and staff on interpretations of current law and the implications of proposed legislation. This helps them detect potential conflicts that can complicate or compromise policy decisions. We understand the importance of developing laws and regulations that are purposeful, enforceable and that achieve goals established by local governments, policymakers and residents. Often, this requires developing communication strategies to address concerns raised by residents as they relate to new legislation and other governmental actions. Such strategies avoid confusion and uncertainty by citizens who try to abide by municipal laws and by public officials who enforce those laws.

Stein Sperling guides local governments as they conduct official municipal business, including regular meetings, public hearings and executive sessions. We help to ensure they abide by procedural requirements, especially in the course of legislative, administrative and quasi-judicial activity. Our attorneys assist local governments as they write and revise laws and regulations to assure compliance with current state and federal laws, as well as existing ordinances.

We are experienced in advising clients with regard to the Open Meetings Act, the Maryland Public Information Act, document retention laws, and historic preservation regulations. As local, state and federal laws and regulations impacting municipalities are constantly changing, our attorneys assist clients in navigating those changes and ensuring their documents and operations comply.

Stein Sperling’s municipal law team regularly assists local governments as they enforce municipal codes through administrative hearings, municipal infraction citations and other actions. Our attorneys have enforced municipal codes through administrative enforcement proceedings, District Court cases, Circuit Court cases and appeals.

Stein Sperling understands that as part of their bidding and contracting processes, local governments must abide by certain state and federal laws. Failure to comply with certain laws can require the government to restart the procurement process, which can be costly as well as embarrassing. Our attorneys are very familiar with laws that govern competitive bidding at the municipal level.

Our municipal law team can guide local government clients through the procurement process from start to finish, including preparation of bid packages and contracts. We tailor an Invitation for Bids or Request for Proposals to meet a municipality’s specific needs, positioning that client to attract the types of bids and proposals from vendors that will best suit its needs. During contract negotiations, we protect our clients’ interests by helping them anticipate possible contingencies and reduce their liability. When contracts are under review prior to their expiration or renewal, we prepare extensions or amendments to previous agreements, which allow our clients to deliver seamless service to their constituents.

Stein Sperling’s municipal law attorneys work closely with the firm’s employment law department to provide integrated human resource counsel to local governments. Our attorneys are on call to provide outside counsel on any number of human resources issues that arise within local government workforces. Specifically, we assist in the development of personnel policies and procedures that are practical, enforceable and in compliance with local, state and federal employment laws. In addition, we regularly draft personnel codes and employee handbooks that set forth the local government’s expectations as an employer, as well as the benefits afforded to government employees.

To learn more about our employment law services, click here.

Stein Sperling’s attorneys know that local governments regularly face issues such as zoning and building code violations, boundary disputes, land acquisitions, easements and condemnation (both eminent domain and uninhabitable building matters). In these matters, we are able to clarify municipal procedures so that government staff are educated and empowered to respond to residents’ and property owners’ applications for zoning permits and variances. We help to ensure the local government accomplishes its land use and land acquisition goals.

In the case of an administrative appeal, our attorneys assist local governments in providing procedural and substantive due process and in applying relevant laws. Our goal is to provide government leaders with a depth of relevant information that will allow them to fairly consider each appeal and its future implications. We then draft a decision fully supported by the record, as well as the law, for adoption by the administrative body. This minimizes the likelihood of an appeal to court and enhances the prospects of a court upholding the decision.

Our attorneys also assist municipalities and private clients as they encounter land use issues at the county level. For these matters, we are able to assist municipalities in ensuring that rezoning, subdivision, variance, special exception or other processes protect property rights and reflect legitimate interests by the local government. Often, this involves meeting procedural and substantive requirements in order to promote our clients’ interests.

State laws permit municipalities to acquire certain property for a public purpose, to annex land outside its existing boundaries and to condemn properties that present hazards to the health, safety and welfare of their communities. Our attorneys are experienced in these matters affecting local governments and regularly counsel clients on possible advantages and disadvantages of proposed transactions such as those described above. We also assist in the acquisition of land, easements or other rights by negotiation or eminent domain.

Stein Sperling’s municipal law team works closely with members of the firm’s civil litigation department to advise municipalities in judicial and administrative matters. Our attorneys have represented clients before county boards of appeals, planning boards, zoning commissions, administrative hearing examiners, as well as legislative bodies. We handle condemnation cases, contract disputes, land use, enforcement of civil infractions and appellate proceedings. These can include cases brought by constituents or employees and those where we pursue judicial relief to enforce a local government’s regulations.

In any dispute, we work side-by-side with our clients and our firm’s experienced litigators to devise strategies intended to protect our clients’ interests and achieve their goals. To form our case strategies for any municipal dispute, we draw from a depth of knowledge about municipal policies, procedures and overall operations. This allows us to achieve our clients’ goals, whether through litigation or through alternative dispute resolution mechanisms.

To learn more about our Civil Litigation practice, click here.