Justia Real Estate & Property Law Opinion Summaries

This case involves a dispute between a homeowner and a citizens association over a parcel of undeveloped land. The parcel was divided into two sections by a stone wall. The homeowner claimed adverse possession over the entire parcel, but in an amended complaint, treated the two sections as distinct parcels acquired at different times and on different grounds. The homeowner moved for summary judgment on the claim to the smaller section, which the circuit court granted. A different judge presided over the bench trial on the homeowner’s claim to the larger section. When the homeowner finished his case-in-chief, the citizens association moved for judgment. The trial court granted the citizens association’s motion and entered judgment for it on the homeowner’s claims, including the claim to the smaller section that had been resolved in the homeowner’s favor on summary judgment.The trial court's decision was appealed to the Appellate Court of Maryland which affirmed the trial court’s disposition of the homeowner’s claims to both the smaller and larger sections. The homeowner then petitioned for certiorari to the Supreme Court of Maryland.The Supreme Court of Maryland held that the circuit court abused its discretion by implicitly vacating the summary judgment entered in the homeowner’s favor on his claim to the smaller section and then entering judgment for the citizens association on that claim. The court also held that the Appellate Court erred in conditionally reinstating the Association’s counterclaim for a prescriptive easement. The case was remanded for further proceedings consistent with the opinion. View "Riley v. Venice Beach Citizens Ass'n" on Justia Law

The Supreme Court of Maryland has ruled that the term "rent" under Real Property § 8-401, as applied to residential leases, refers to the fixed, periodic payments a tenant is required to make for use or occupancy of a rented premises. This definition excludes additional charges such as late fees, attorney’s fees, and court costs. The court also ruled that any provision in a residential lease that allows a landlord to allocate payments of "rent" to other obligations, thereby subjecting a tenant to eviction proceedings based on failure to pay "rent", violates Real Property § 8-208(d)(2). Further, penalties for late payment of rent, capped at 5% of the monthly amount of rent due, are inclusive of any costs of collection other than court-awarded costs. Finally, the court ruled that the Circuit Court erred in declining to review the merits of the tenants’ second renewed motion for class certification. The case has been remanded for further proceedings in line with these holdings. View "Westminster Management v. Smith" on Justia Law

In this zoning dispute involving the interplay between the public's interest in the future of a private airport in Prince George's County and the financial interests of its owner, the Supreme Court held that the amended zoning ordinance allowing the airport to develop higher-density housing did not violate Maryland's uniformity requirement, Md. Code Ann., Land Use 22-201(b)(2)(i).When the airport's owners began experiencing financial difficulties they sought to redevelop the site, which had been limited by the zoning ordnance to low-density, single-family detached housing, for non-airport use. The County Council amended the zoning ordinance to allow for higher-density housing to incentivize the airport's redevelopment. Plaintiffs brought suit. The circuit court concluded that the ordinance did not violate uniformity, but the appellate court reversed, finding that the ordinance violated uniformity because it was tailored so narrowly as to afford favorable development opportunities to only the airport property. The Supreme Court reversed, holding that the ordinance was adopted to further a valid public purpose and did not discriminate against similarly situated properties, thus surviving the uniformity challenge. View "Prince George's County v. Concerned Citizens" on Justia Law

The Supreme Court reversed the decision of the appellate court reversing the judgment of the circuit court finding that a county ordinance did not violate Maryland's uniformity requirement requiring zoning laws to "be uniform for each class or kind of development throughout a district or zone," Md. Code Ann., Land Use 22-201(b)(2)(i), holding that the ordinance should have survived the uniformity challenge.While Prince George's County's zoning ordinance had historically limited development of housing at a private airport to low-density, single-family detached housing, the County Council amended the ordinance's text to allow the development of higher-density housing at the airport in order to incentivize redevelopment. Certain constituents brought suit, arguing that the ordinance violated uniformity because it was tailored so narrowly as to afford favorable development opportunities. The appellate court reversed. The Supreme Court reversed, holding that the plaintiffs failed to establish that the ordinance discriminated arbitrarily, and therefore, their uniformity challenge failed. View "Prince George's County v. Concerned Citizens" on Justia Law

The Supreme Court reversed the judgment of the appellate court reversing the judgment of the circuit court denying Constituents' challenge to the amendment to a zoning ordinance limiting development of housing at a private airport in Prince George's County, which allowed the airport to develop higher-density housing, holding that the ordinance survived the challenge.While the County's zoning ordinance had historically limited development of housing at the airport to low-density, single-family detached housing, the County Council amended the text of the ordinance to allow the development of higher-density housing in order to incentivize redevelopment of the airport. Constituents brought the underlying challenge, arguing that the ordinance violated Maryland's uniformity requirement, Md. Code Ann., Land Use 22-201(b)(2)(i). The circuit court denied relief, but the appellate court reversed. The Supreme Court reversed, holding (1) the ordinance did not discriminate against similarly situated parties and was adopted to further a valid public purpose; and (2) therefore, the ordinance should have survived the uniformity challenge. View "Prince George's County Council v. Concerned Citizens of Prince George's County" on Justia Law