Rounds v. Maryland-National Capital Park & Planning Commission
109 A.3d 639
| Md. | 2015Background
- Landowners (Rounds et al.) allege a historic Farm Road provides the only access to their properties; developers (Brown, Areys) and surveyor (MHG/Riggs) are accused of eliminating northern access and recording a fictional conservation easement, with the Maryland‑National Capital Park & Planning Commission approving Plat 21707 that omitted Farm Road.
- Petitioners first sued in federal court (June 2008); that suit was dismissed for failure to exhaust state remedies in 2011. Petitioners filed in state court (Aug. 2011) asserting: state constitutional claims (Counts I–IV), declaratory easement claims (Counts V–XI), and tort claims for wrongful interference and slander of title (Counts XII–XIII).
- Circuit Court dismissed Counts I–IV with prejudice for failure to comply with the Local Government Tort Claims Act (LGTCA) notice requirement; Counts V–XI (easement/declaratory) were dismissed without prejudice for failure to join adjacent property owners; Counts XII–XIII were dismissed with prejudice as time‑barred (and alternatively for lack of duty as to some defendants).
- Court of Special Appeals affirmed; the Court of Appeals granted certiorari and reviewed (1) applicability of LGTCA notice to state constitutional claims, (2) joinder/necessary parties rule for easement suits, and (3) statute of limitations and tolling issues for Counts XII–XIII.
- The Court of Appeals (Greene, J.) held the LGTCA notice requirement generally applies to state constitutional claims for unliquidated damages and that the trial court did not abuse its discretion in finding no good cause to excuse late notice; it affirmed dismissal of easement claims without prejudice for failure to join necessary adjacent owners; it reversed dismissal of slander of title (Count XIII) as premature but affirmed dismissal of wrongful interference (Count XII) on tolling/statute‑of‑limitations grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the LGTCA notice requirement applies to state constitutional claims for unliquidated damages | Rounds: LGTCA notice should not apply to constitutional claims | Commission: LGTCA notice applies broadly to tortious claims seeking unliquidated damages | Court: LGTCA notice generally applies to state constitutional claims for unliquidated damages; dismissal for failure to give timely notice affirmed |
| Whether Petitioners showed "good cause" to excuse late notice under LGTCA | Rounds: delay excused; Commission not prejudiced; attempted non‑adversarial remedies (County Executive) | Commission: plaintiffs delayed and did not act with due diligence | Court: plaintiffs failed to show diligence or good cause; trial court did not abuse discretion |
| Whether failure to join adjacent landowners is excused where plaintiffs allege those owners "agreed not to contest" relief | Rounds: alleged adjacent owners agreed not to contest — joinder unnecessary | Defendants/Court: unnamed adjacent owners are necessary parties; mere conclusory allegation insufficient | Court: non‑joinder not excused; dismissal without prejudice appropriate to permit joinder |
| Whether Counts XII (wrongful interference) and XIII (slander of title) are time‑barred and whether federal filing tolled state limitations under 28 U.S.C. § 1367(d) | Rounds: claims accrued in Nov. 2007 when addresses were denied; federal filing tolled limitations so state filing was timely | Defs: inquiry notice arose earlier (1994–2003); §1367(d) tolling does not extend to claims not expressly asserted in federal suit | Court: factual record on accrual insufficient to dismiss slander claim (Count XIII) — reversal as premature; wrongful interference (Count XII) was not asserted in federal suit and is time‑barred because §1367(d) tolling applies only to claims actually asserted in federal court |
Key Cases Cited
- Ennis v. Crenca, 322 Md. 285 (overview of LGTCA purpose and framework)
- Hansen v. City of Laurel, 420 Md. 670 (LGTCA does not waive all immunities; notice provision as condition precedent)
- Dehn Motor Sales, LLC v. Schultz, 439 Md. 460 (application of LGTCA notice to state constitutional claims upheld)
- Prince George’s County v. Longtin, 419 Md. 450 (purpose of notice to permit investigation; LGTCA procedural requirements apply broadly)
- MIE Properties, Inc. v. City of Bowie, 398 Md. 657 (exception to joinder: non‑joined party must have had knowledge and elected not to join)
- Williams v. Moore, 215 Md. 181 (in declaratory easement suits, adjacent property owners are ordinarily necessary parties)
- Poffenberger v. Risser, 290 Md. 631 (discovery rule and inquiry‑notice principles for accrual of claims)