Recent Court Decisions

COURT OF SPECIAL APPEALS

Real Property, Condominium Act: Under the Condominium Act, the purchaser of a condominium in a foreclosure sale holds legal title to the property as of the date of the sale, thus rendering her liable for condominium assessments and fees dating from that point. Campbell v. Council of Unit Owners of Bayside Condominium, No. 1187 Sept. Term, 2010. RecordFax No. 11-1201-03, 11 pages.

Real Property, Easements: An easement was not void ab initio simply because it was described in general terms; however, the circuit court erred in granting summary judgment against the burdened property owner’s defense that the easement had been extinguished by adverse possession. USA Cartage Leasing, LLC v. Baer, No. 1797, Sept. Term, 2009. RecordFax No. 11-1130-02, 62 pages.

Real Property, Holdover tenancy: Defendant was not a holdover tenant, where its actions did not amount to continued control and possession of the premises which interfered with plaintiff’s use or possession. The Carroll Independent Fuel Company v. Washington Real Estate Investment Trust, No. 467, Sept. Term, 2010. RecordFax No. 11-1201-02, 37 pages.

Tax Law, Charitable exemption: Appellee, as a nonprofit hospital, was the owner of the improvements made to their land for real property tax purposes and thus was entitled to seek a charitable exemption for the land and improvements. Supervisor of Assessments of Baltimore County v. Greater Baltimore Medical Center, Inc., No. 2060, Sept. Term, 2009. RecordFax No. 11-1201-00, 26 pages.

Torts, Negligent/intentional misrepresentation: As no genuine dispute of material fact existed concerning certain representations airline made to plaintiffs related to the booking and departure of plaintiffs’ flights, airline was entitled to summary judgment on plaintiffs’ claims for negligent and intentional misrepresentation. Lavine v. American Airlines, Inc., No. 2917, Sept. Term, 2009. RecordFax No. 11-1201-01, 23 pages.

Zoning, Professional negligence: Because plaintiff’s complaint was a “claim” under CJ §3-2C-01(b), the circuit court did not err in granting defendant’s motion to dismiss for plaintiff’s failure to file a certificate of qualified expert as required by CJ §3-2C-02. Heavenly Days Crematorium, LLC v. Harris, Smariga Associates, Inc., No. 1453, Sept. Term 2010. RecordFax No. 11-1201-04, 35 pages.



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