The Town of Forest Heights v. Miranda Shepard (Shephard), d/b/a Shepard’s Accounting Services
Nov 19, 2012
OUTCOME: Judgment in favor of my client
The Town of Forest Heights v. Miranda Shepard, d/b/a Shepard’s Accounting Services, (Case No. 050200302642011) in the District Court of Maryland for Prince George’s County. The Town filed a complaint ...on September 2, 2011 claiming damages sounding in tort and contract for excessive or unauthorized compensation and conversion of Town property received during the period of May 4, 2009 through April 9, 2011. The Town sought $8,598.94 in compensatory damages, $1,250 in punitive damages, costs and attorneys fees. On November 19, 2012, Judge Hill awarded judgment from the bench in favor of the Town in the amount of $3,038.94 and dismissed defendant’s counterclaims. Notice of Judgment was entered in favor of the Town on January 14, 2013 and a lien of judgment was recorded in the Circuit Court for Prince George’s County.
Government
McCutcheon v. Town of Forest Heights, Court of Special Appeals (filed Sept. 2011, decided Oct. 2012)
Oct 18, 2012
OUTCOME: Client (Town) won
McCutcheon v. Town of Forest Heights, Court of Special Appeals (filed Sept. 2011)
The Court of Special Appeals of Maryland (the intermediate appeals court) in an unreported opinion published on Oct.... 18, 2012 found no error or abuse of discretion by the Circuit Court (Judge Leo Green) and therefore affirmed the lower court’s judgment in favor of the Town. Former Mayor McCutcheon had sued the Town, each councilman, (former) Lt. Washington and the Town Attorney because of her suspension from office and her challenge of the charter amendment passed a few days after her suspension regarding new qualifications for elected office.
McCutcheon contended on appeal that Judge Green had erred by not ordering the Town to comply with her discovery request for documents, and emails, and by not granting her a continuance at the final hearing in her case for a permanent injunction. (McCutcheon had amended her complaint three (3) times before the final hearing dismissing her case, which the appeals court viewed as a summary judgment hearing.) Judge Green had ruled that the emails McCutcheon had requested were not relevant to her complaint because 1.) she was not improperly suspended since she had no constitutional right to notice and a hearing (unlike town employees) before suspension from elected office and, 2.) she lacked standing to appeal the charter amendment because she was not then or had not yet been elected to office.
The appeals court found that McCutcheon failed to file a motion to compel the Town to produce documents or ask for sanctions against the Town for not complying with her request for discovery. The Court further held that although McCutcheon had not waived her right to appeal the denial or her permanent injunction despite the fact that she had not requested a transcript of the hearings for the emergency and temporary injunctions, she nonetheless did waive her right to appeal her claims for money damages ($200,000 for the Town, and $500,000 from each of the co-defendants) because she did not mention these claims in her (pro se) appeal.
The Court also found that the actions of the Town regarding giving notice and posting signs for the town meeting held to adopt Charter Amendment Res. (“CAR”) 01-11 (qualifications for office) was not really disputed. The Court further held that McCutcheon could not appeal the CAR because she had not been harmed until she was elected and the council deemed her to be unqualified.
The Court also found no error in the Circuit Court’s decisions to uphold the Council’s suspension because: 1.) she had no property interest in her elective office, and 2.) she was not entitled to a hearing because she was not an employee. The Court finally held that McCutcheon’s claim that Lt. Washington’s “standing-in” as acting clerk on February 2-3, 2011 during McCutcheon’s evidentiary hearing before the Town Council did not harm McCutcheon and she failed to articulate to the trial court how it harmed her, so even if it was wrong to allow Lt. Washington to stand in for the clerk (the Court did not need to decide either way whether it was right or wrong), it would be considered harmless error.
This case is essentially final. The Council has finally won its case. McCutcheon has exhausted her right of appeal. She can ask the Court of Appeals of Maryland to hear her case (as of 10/22/12) but Maryland’s highest court did not elect to hear it.
Government
McCutcheon et al v. Town of Forest Heights et al. CAL 12-05944 (Pr. Geo. Co. Cir. Ct.)
Feb 27, 2012
OUTCOME: Favor of Town-defendant
Plaintiffs (the opposition) filed pro se complaint for TRO and injunction in Circuit Court for Prince George's County claiming election fraud against the Town (my client).
Plaintiffs contended tha...t none of the candidates except the Plaintiffs should have been declared or certified to have been qualified for office due to an alleged defect in the other candidates’ Certificates of Nomination. Because of this alleged defect that existed on the deadline for filing, the Plaintiffs further contended that only their names should appear on the ballot in next month’s election and that all other candidates should be required to conduct a write-in campaign if they wish to run for office and should further be denied the privilege to participate in the upcoming debate.
After a contested hearing, the court found for the Town and denied Plaintiffs' request for injunctive relief.
Landlord or tenant
Powell v. Gregg et al. (Case No. 0804-0026563-2011)
Feb 22, 2012
OUTCOME: Default Judgment for Plaintiff
This was a breach of lease case in the District Court of Md. for Balt. Co. involving defendants Spectrum Enterprises, the management company, and the Greggs, the tenants. My client, while on active mi...litary duty orders to the west coast had retained Spectrum in 2008 to manage his property while away on deployment. In January 2010 the tenants took possession of the owner's leased condo immediately after it had coincidentally sustained some water damage from a frozen pipe due to a window that had been left open. My client never received any rent or security deposit from the management company, during the tenants’ almost 10 month occupancy and the premises sustained significant damages beyond normal wear and tear.
My client won total damages of $14,779.86 plus court costs and attorneys fees of $1,250 against the tenants inlcuding a $1,500 security deposit that was awarded jointly to the management company.
My client has obtained a writ of garnishment of former tenant's wages.
Landlord or tenant
Nguyen v. Ridings (Dist. Ct. of Md. Case No. CAL 0702-0003414-2011)
Dec 06, 2011
OUTCOME: Judgement for Plaintiff (my client) (full restoration of security deposit, interest, and court costs
A landlord-tenant security deposit case. A walk through of the premises by my client with the landlord’s agent inspected every aspect of each room and noted just a few damages but also affirmatively ...noted several items that would not be charged and then almost 45 days later after my client signed off on and relied on the inventory of damages, the landlord delivered a list of new damages withholding amount of the entire security deposits and demanded my client pay an additional $411. Defendant landlord was represented by an attorney. Case contested at trial (2.5 hrs.)
State, local, and municipal law
Town of Upper Marlboro v. Prince George's County
Jul 06, 2011
OUTCOME: Remanded by Circuit Court back to Co. Council
Appeal of agency decision approving a comprehensive rezoning amendment for a residential parcel contrary to municipal recommendation to retain zoning classification. The Planning Board recommended ret...aining the R80 zoning but the Council voted in a committee meeting to change the zoning to C-O. The Court held that the committee meeting approval was improper and should have been by supermajority vote during a full legislative meeting. Upzoning was to commercial was restored to residential.
State, local, and municipal law
Town of Forest Heights v. PGCo. Dept. of Public Works & Trans. (CAL10-23988)
Jan 06, 2011
OUTCOME: Case settled in favor of the Town
Town filed a request for a permit to deploy speed cameras on a county highway located within the Town's corporate limits. The County Director of Public Works denied said request and the Town filed an ...appeal in the Circuit Court for Prince George's County. Prior to a court hearing the County conditionally granted the Town's permit and the parties entered into a Memorandum of Understanding. This case is likely the first case of its kind filed in a Maryland state court. Case settled by memo of understanding permitting Town to use speed cameras to regulate speeding on county road within Town.
Land use and zoning
Town of Poolesville v. Barnes, No. 01226 – September Term, 2009
Aug 27, 2010
OUTCOME: Town voluntarily dismissed case and amended ordinance
Opposing neighbor appealed Town's granting of a special exception for a dental office in a residence. The Circuit Court for Montgomery County reversed the Town Board of Appeals' decision and the Town ...appealed to Court of Special Appeals. The Town dismissed its case in order to obtain a legislative solution which was within its control instead of allowing the courts to dictate the end result. The zoning ordinance was subsequently amended by the Town Commission.
State, local, and municipal law
Speed Monitoring Devices (HB 1477)
Apr 12, 2010
OUTCOME: Passed
After obtaining letters of advice from Md. Office of the Attorney General confirming my legal advice to client, drafted Prince George's (local) curative bill to allow municipalities to operate speed ca...meras on county roadways within municipal corporate limits. Advocated for bill before General Assembly and drafted amendments. Bill passed in 2010 session to become law on June 1, 2010.
Landlord or tenant
Brehe v. Ward
Feb 04, 2010
OUTCOME: Won for plaintiffs (my clients)
Landlord refused to pay active duty military clients security deposit after receiving change or duty station orders. In courthouse negotiated settlement returning all of security deposit plus attorney...s fees.
