The Court of Special Appeals refused to decide the merits, holding that the 2A arguments were waived because Mr. Whalen did not raise them before the HPRB. Case is over. So, let that be a lesson. You *must* preserve arguments if you hope to litigate the case. With the Board gone, that means that these arguments need to be raised before the Maryland State Police and again before the Office of Administrative Hearings and again before the Circuit Court and again before the Court of Special Appeals and again before the Court of Appeals.
I thought the Board doesn't want to hear 2A arguments, only your good cause?