Category Archives: Maryland Courts

Client Alert: Easement Decisions in the Court of Special Appeals of Maryland

The Court of Special Appeals of Maryland has issued two new easement decisions of importance to real estate practitioners. Both decisions provide rare detailed analysis from the Court of Special Appeals into easements and are worth review. In Hejazi v. Sears, Hejazi’s predecessor-in-title conveyed an easement “over, upon and across” the subject property to Sears granting “exclusive rights to the use ... Read More

Client Alert: Dennis Hamilton v. Murray Rottenberg

The Court of Special Appeals of Maryland recently resolved a matter of first impression as to whether a judgment lien attaches on property during that brief period after a contract for sale has been executed but prior to legal title passing at closing. As this was the first level of appeal, it is likely that the losing party will seek ... Read More

SCOTUS Opinion: Court Decides That Federal Courts Cannot Address Partisan Gerrymandering Claims

The case of Rucho v. Common Cause combined two different gerrymandering claims: one from North Carolina where the claim was that the redistricting plan hurt Democrats, one from Maryland which claimed that the plan hurt Republicans. In both cases, the district courts ruled that the plans violated the Constitution. The Court, in a 5-4 opinion by Chief Justice Roberts, ... Read More

SCOTUS Opinion: Court Permits The Bladensburg Peace Cross To Remain Standing

The Bladensburg Peace Cross was erected in 1925 on public land as a tribute to the lives of 49 soldiers from the local area who died in World War I. Certain atheistic groups filed suit in federal court, arguing that the cross violated the First Amendment’s Establishment Clause. The district court dismissed the case under the tests set forth in ... Read More

April Real Estate Update | Elm Cabin John, LLC v. United Bank

On April 19, 2019, Judge Messitte of the United States District Court for the District of Maryland issued an unpublished opinion in Elm Cabin John, LLC v. United Bank that is certainly noteworthy for real estate practitioners. In this matter, Ms. Nancy Long owned three parcels in Montgomery County. As an individual in her 80s during the subject transactions, she is ... Read More

March Real Estate Update | Cushman & Wakefield of Maryland, Inc. v. DRV Greentec, LLC

The Court of Appeals of Maryland issued two recent decisions impacting landlord/tenant issues. Cushman & Wakefield of Maryland, Inc. v. DRV Greentec, LLC In Cushman & Wakefield of Maryland, Inc. v. DRV Greentec, LLC, filed on March 4, 2019, the Court of Appeals held that a commercial broker could not enforce an obligation to pay a commission against an owner’s assignee. In ... Read More

Mortgage Company’s Indemnification Claim Against Loan Officer Not Discharged In Bankruptcy

When Fidelity First Home Mortgage Company was found liable by a jury under the doctrine of respondeat superior when one of its loan officers engaged in a fraudulent foreclosure rescue scheme, it sued the loan officer seeking indemnification and contribution. The loan officer claimed that Fidelity’s claims were discharged ... Read More