|
September 2005
Vol 5
Issue 1
Legal Briefs
What's Happening at CB&T
•
Concerned about Identity Theft?
Don't keep any personal information in your purse or
wallet.
Don't give out your Social Security number.
Don't post a resume on line with personal contact
information.
Change your computer password periodically.
|
|
|
|
Coover Stops Re-subdivision in Ellicott
City Community.
|
Imagine looking for months for the perfect
community to raise a family in: a quiet, fully
built-out neighborhood, with mature trees lining
the streets and no possibility of a subdivision
sprouting in your backyard. That is what
our clients found in Ellicott City. Assured by
their realtor, and the covenants applicable to
the community, that each and every lot
throughout their neighborhood was restricted to
"single family residence" use only, they
purchased their home and began settling into
what they believed was their homestead for years
to come. Shortly after our clients settled into
their home, a retiring neighbor sold his home
and property to a developer who had intentions
of building an additional home on the
lot. The additional home would encroach upon
our client's property line with the back of the
proposed home practically in our client's back
yard.
Mr. Coover argued that the covenants of the
community were properly recorded and the
developer was fully aware of them when
purchasing the lot. A year long struggle
ensued, but Mr. Coover was successful in
winning a permanent injunction against the
developer.
For more information on our firm, please
visit our website. 
|
|
Gargantuan
Attorney's Fees Award. |
A recent jury trial won by CB&T was followed
by an amazing attorney's fees award. In a
hard fought real estate case, Steven Tiedemann
and Rich Mlynek won for the contract
purchaser. The contract allowed for
collection of attorney's fees and, given the
recalcitrance of the seller, CB&T's client
incurred hefty fees. However, with the advice
of CB&T and the argument of counsel, CB&T
shifted all of their litigation fees to the
opposition. The award was for an additional
75% of the jury's verdict. This is surprising
because many judges limit such fees to 15%.
In this case, the judge found that the fees
were reasonable and appropriate under the
circumstances faced by the buyer.
For more info on
our firm, please visit our website.
|
|
Could Your Property be
Next? |
The Supreme Court ruled recently that
governments can seize property to make room
for private development projects to try to
boost the economy. The 5-4 ruling gave the
court's blessing to cities across the USA that
have sought to use their powers of eminent
domain not just to clear the way for public
projects, such as roads and parks, but also
for private developments involving hotels,
offices and retail centers. The ruling drew a
sharp dissent from Justice Sandra Day
O'Connor, who warned now: "Nothing is to
prevent the state from replacing any Motel 6
with a Ritz-Carlton, any home with a shopping
mall . . . ." John Barr, CB&T's senior
partner specializing in Maryland municipal
law, applauded the decision and stated that it
actually confirms what has been the law in
Maryland for some time. Others in the firm
strongly disagree with the decision. One of
CB&T's greatest strengths, however, is the
diversity of our thinking, politically and
legally.
|
|
Barr Gets Special Exception |
John Barr has obtained approval for the
installation of a gas station and the sale of
gasoline by a "big box" retailer in southern
Maryland. Mr. Barr was granted a special
exception for the gasoline station - the first
under Charles County's four year old special
exception ordinance for gasoline stations.
The ordinance requires a special exception in
order to construct a gasoline station when
there is another such facility within 2,500
feet. The applicant must present evidence
that there is demand by proving from a
preponderance of the evidence that the
proposed use is necessary to serve the
existing and projected growth within the
surrounding neighborhood.
Using the reports of a civil engineer, a
traffic expert and an economist, John Barr was
able to garner support for the client's
request from the Charles County Department of
planning and Growth Management. This support
coupled with testimony from each was
successful before the Board of Appeals of
Charles County.
Success was achieved even though local
gasoline station operators and property owners
opposed the request for the special exception.
Coover & Barr, LLC has long experience
in zoning and land planning matters
in Maryland. Our attorneys are continually
successful in obtaining the results sought
after by our business clients.
For more information on our firm, please visit
our website.
|
|
|
|
