A Guy Named Moe LLC v. Chipotle Mexican Grill of Colorado LLC
Maryland Court of Appeals
447 Md. 425 (2016)
- Written by David Bloom, JD
Facts
Chipotle Mexican Grill of Colorado LLC (Chipotle) (defendant) applied to the City of Annapolis zoning board for a special exception allowing Chipotle to build a restaurant near a similar restaurant operated by A Guy Named Moe LLC (Moe) (plaintiff). The zoning board approved Chipotle’s application. Moe commenced an action in Maryland seeking judicial review of the zoning board’s approval. When the action was filed, Moe was not registered to do business in Maryland. Chipotle motioned to dismiss the action on the ground that Moe forfeited the right to maintain the action as per Maryland’s business-registration statute. In response, Moe complied with the business-registration statute, obtained a certificate of good standing to conduct business in Maryland, and paid a penalty for having failed to previously register. Chipotle argued that dismissal was still warranted because Moe’s belated compliance with the business-registration statute, after the action was filed, did not permit Moe to carry on with the lawsuit.
Rule of Law
Issue
Holding and Reasoning (Battaglia, J.)
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