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HEADNOTE: Higginbotham v. Public Service Commission, et al., No. 155, September Term, 2008

MARYLAND TORT CLAIMS ACT: Section 5-105 of the Courts and Judicial Proceedings Article, which requires that a defamation action "be filed within one year from the date it accrues," does not operate to bar a defamation action asserted under the Maryland Tort Claims Act in compliance with the requirements of Section 12-106(b) of the State Government Article, which is both a statute of limitations and a condition precedent to the State's waiver of sovereign immunity.

IN THE COURT OF APPEALS OF MARYLAND No. 155 September Term, 2008

ROBERT M. HIGGINBOTHAM, II v. PUBLIC SERVICE COMMISSION OF MARYLAND, et al.

Harrell Greene Murphy Adkins Barbera Eldridge, John C. (Retired, Specially Assigned) Raker, Irma S. (Retired, Specially Assigned), JJ.

Opinion by Murphy, J. Harrell, Eldridge and Raker, JJ., Concur and Dissent. Filed: December 30, 2009

In this appeal from the Circuit Court for Baltimore City, Robert M. Higginbotham, II, Appellant,1 presented the Court of Special Appeals with a single question: Does Maryland State Government Article

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