Baker v. Montgomery County
427 Md. 691
Md.2012Background
- Montgomery County and several municipalities installed speed monitoring systems and issued citations up to $40 civil penalties.
- Petitioners paid the penalties and pursued tort and equitable claims alleging the contracts with ACS violated Transportation Article § 21-809(j).
- Circuit Court granted summary judgment, holding ACS operated the systems or that § 21-809 did not create a private action; waivers via payment were discussed.
- Court of Special Appeals affirmed, holding no private right of action and mootness of injunctive/declaratory claims after contract amendments.
- Petitioners sought certiorari; this Court granted review to address private action, waiver effects, and mootness due to amendments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 21-809 creates a private action | Baker argues implicit private action exists | Respondents contend no private right exists | No private action implied |
| Whether paying the penalties waived the § 21-809(j) challenge | Payment cannot bar later § 21-809(j) challenge | Payment of penalties precludes further action | Payment did not waive the challenge |
| Whether Cort v. Ash analysis supports an implied private remedy here | Statute benefits targeted class and implies remedy | Statute is general welfare; no implied remedy | Cort test not satisfied; no implied private remedy |
| Whether declaratory/injunctive claims are moot after amendments | Claims survive irrespective of amendments | Amendments render claims moot | Claims moot; no standing for declaratory/injunctive relief |
Key Cases Cited
- Cort v. Ash, 422 U.S. 66 (1975) (factors for implied private action)
- Cannon v. University of Chi., 441 U.S. 677 (1979) (intent to create private remedy depends on statute's purpose)
- Sugarloaf Citizens Ass'n v. Gudis, 78 Md.App. 550 (1989) (plain language and structure may foreclose private remedy)
- Erie Insurance Co. v. Chops, 322 Md. 79 (1991) (Erie factors for implied private action in Maryland)
- Univ. Research Assn., Inc. v. Coutu, 450 U.S. 754 (1981) (statutory remedies and private rights)
- Scull v. Doctors' Hosp., Inc., 205 Md.App. 567 (2012) (analyzed private right of action and standing in Maryland)
- Northwest Airlines, Inc. v. Transport Workers Union, 451 U.S. 77 (1981) (policy and legislative silence regarding private remedies)
- Transamerica Mortgage Assocs. v. Lewis, 444 U.S. 11 (1979) (reading private rights into statutes with general directives)