Board of Public Works v. K. Hovnanian's Four Seasons at Kent Island, LLC
115 A.3d 634
Md.2015Background
- Hovnanian seeks declaratory, injunctive relief and mandamus to compel the Board of Public Works to vote on its wetlands license.
- There has been nearly two decades of project-related regulatory action, with the Board originally denying the license in 2007.
- Hovnanian challenged the Board's procedure, arguing an unauthorized remediation process to address a perceived conflict of interest.
- The circuit court granted summary judgment for Hovnanian, ordering a timely vote and limiting record considerations, subject to mandamus.
- The Court of Appeals vacates, holding there was no final administrative decision and mandamus is unavailable where an adequate post-decision remedy exists.
- Remand to the Board for further proceedings is required, and costs are to be borne by the Board.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether exhaustion/finality required before mandamus review | Hovnanian contends unauthorized procedures excuse exhaustion. | Board argues final decision and exhaustion required; mandamus inappropriate. | Finality/exhaustion controls; exception not viable; mandamus improper. |
| Whether mandamus lies to compel agency action on a discretionary decision | Hovnanian asserts mandamus to force a decision despite discretion. | Board asserts mandamus unavailable where discretion remains and post-decision review exists. | Mandamus not available; adequate post-decision judicial review exists. |
| Whether an unauthorized procedures exception survives post-APA framework | Hovnanian relies on Blumberg’s unauthorized procedures concept. | Board argues the unauthorized procedures exception is no longer viable after APA developments. | Unauthorized procedures exception rejected; Renaissance Centro controls absence of final decision. |
Key Cases Cited
- Prince George’s County v. Blumberg, 288 Md. 275 (1980) (recognized unauthorized procedures exception (dicta))
- Soley v. State Comm’n on Human Relations, 277 Md. 521 (1976) (exhaustion and limited exceptions to exhaustion rule)
- Renaissance Centro Columbia, LLC v. Broida, 421 Md. 474 (2011) (final administrative decision required; no interlocutory review)
- Harvey v. Marshall, 389 Md. 243 (2005) (reviewing non-APA proceedings; mandamus scope discussed)
- Falls Rd. Cmty. Ass’n, Inc. v. Baltimore Cnty., 437 Md. 115 (2014) (mandamus and administrative review principles in context)
- Hovnanian’s Four Seasons at Kent Island, LLC v. Board of Public Works (Hovnanian I), 425 Md. 482 (2012) (board's broad discretion in wetlands licensing; remand to focus on wetlands impact)
- State v. Maryland State Bd. of Contract Appeals, 364 Md. 446 (2001) (finality and exhaustion principles in administrative review)