Baker v. Montgomery County

50 A.3d 1112, 427 Md. 691, 2012 WL 3575283, 2012 Md. LEXIS 463
Court of Appeals of Maryland·Decided August 21, 2012·No. No. 124·Published·Cited by 22 cases

Opinion

HARRELL, J.

It seems that speed cameras are a particularly unpopular law enforcement tool, having provoked some Marylanders to vandalism. See Erin Cox, Speed Cameras v. Vandals, Balt. Sun, 28 June 2012, at Al. Angry drivers are reported to have set fire to, hurled rocks at, and slingshot marbles at the cameras. In perhaps the most extreme example of retribution, we are informed that a man approached a car-mounted speed camera along the Baltimore-Washington Parkway, brandishing a shotgun and a hammer. He smashed two of the car’s windows with the hammer before fleeing the scene (the occupant of the car was unhurt).

Not deterred, the local governments of Montgomery County, the Mayor and Council of Rockville, the City of Gaithersburg, and Chevy Chase Village (referred to collectively as Respondents) established speed cameras — defined technically as “speed monitoring systems.” These systems recorded, [696] among many others, Petitioners1 traveling in their vehicles at least ten miles per hour over the posted speed limit on various stretches of road within those jurisdictions. Respondents issued to Petitioners citations, each carrying a maximum civil penalty of $40. Petitioners, leaning somewhat more to pacifism than the folks in the above news accounts, sought a less violent resolution of their grievances with the cameras by filing, after paying the penalties, a complaint in the Circuit Court for Montgomery County. Counts I-VTI of Petitioners’ ultimate complaint asserted claims sounding in tort. Counts VIII and IX sought declaratory and injunctive relief. Petitioners asserted that Respondents’ contracts with their common speed monitoring system contractor, ACS State and Local Solutions, Inc. (“ACS”), violated Maryland Code (1977, 2009 Repl.Vol.), Transportation Article, § 21-809(j).2 Section 21 — 809(j), in order to discourage abuse by contractors, prohibits “Montgomery County” from remunerating, on a per-citation basis, a contractor who “operates” a speed monitoring system on the county’s behalf. The Circuit Court concluded that Respondents, and not ACS, operated their speed monitoring systems (within the meaning of the statute) and, regardless, § 21-809Q) applied to Montgomery County only, i.e., not the municipalities. The court opined further that, even if it were accurate to state that ACS operated the relevant speed monitoring systems, the statute does not envision a private cause of action to support Petitioners’ tort-based claims. In any event, the trial court held that Petitioners waived their ability to maintain their complaint by paying voluntarily the citation penalties. Accordingly, the court granted Respondents’ motions for summary judgment on all counts.

Petitioners appealed to the Court of Special Appeals. The intermediate appellate court affirmed, agreeing with the Cir[697] cuit Court that § 21-809 does not contain an express or implied private cause of action to support the maintenance of Petitioners’ tort claims. The Court of Special Appeals declared moot the declaratory and injunctive relief claims because Respondents amended their contract with ACS to state specifically their understanding that the governments operate the speed monitoring systems. Petitioners secured a writ of certiorari from this Court to review the judgment of the Court of Special Appeals.

We shall affirm the judgment of the intermediate appellate court, although not for all the same reasons it offered. As an initial matter, Petitioners, although arguing so in their brief, failed to question in their petition for writ of certiorari whether § 21-809(j) applies to all Respondents, not merely the local government of Montgomery County. Therefore, we shall not address it.3 Md. Rule 8 — 131(b). We find no merit in Respondents’ argument that Petitioners waived their ability to maintain the present litigation by paying voluntarily their speed monitoring system fines. Whether Petitioners were speeding at the time of their citation and whether Respondents’ contracts with ACS violated § 21-809(j) are distinct and separate issues. Moreover, Maryland’s permissive counterclaim rule of procedure does not preclude Petitioners from filing the present lawsuit, if actionable, after paying the fines.

Petitioners’ momentum in this case ends there, however. Section 21-809 does not provide an express or implied private cause of action in tort, for the following reasons. First, § 21-809 is a general welfare statute that does not benefit a particular class of persons, let alone Petitioners. Second, the statute provides a remedy in the District Court for challenging speed monitoring system citations. These factors, combined with the lack of supporting legislative history endorsing an implied private right of action, establish that § 21-809 does [698] not create a private cause of action. With regard to Petitioners’ injunctive and declaratory relief claims, Petitioners concede that they lack the necessary taxpayer standing to pursue those claims, in the event we did not find a private cause of action in the statutory scheme. Accordingly, we shall not address their argument that the local governments’ contracts with ACS violate § 21 — 809(j).

I. FACTUAL BACKGROUND

On 25 January 2006, the Maryland General Assembly, overriding then-Governor Ehrlich’s veto, enacted House Bill 443 (2005), which was codified as Transportation Article, § 21-809. 2006 Md. Laws 15. The statute took effect on 24 February 2006. Section 21-809 authorized the use of speed monitoring systems on certain highways in school zones and residential districts in Montgomery County. Transp. Art., § 21-809(b)(i). The statute defines a “speed monitoring system” as “a device with one or more motor vehicle sensors producing recorded images of motor vehicles traveling at speeds at least ten miles per hour above the posted speed limit.” Transp. Art., § 21-809(a)(5). When a speed monitoring system detects an offending motor vehicle, it is supposed to create a “recorded image”4 of the rear of the motor vehicle, two time-stamped images showing a stationary object near the motor vehicle, and at least one clear and legible identification of the motor vehicle’s entire license plate. Transp. Art., § 21-809(a)(4)(ii).

The “local police department”5 issues and mails to the “owner”6 a citation for the speeding offense, which carries a [699] civil penalty not exceeding $40. Transp. Art., § 21-809(c), (d). A citation recipient may pay the civil penalty or may elect to contest the citation at a District Court trial. Transp. Art., § 21-809(d)(5). The latter option must be printed on the citation. Md.Code (1978, 2006 RepLVol.), Cts. & Jud. Proc. Art., § 7-302(e)(l). An owner is not subject to a civil penalty if a police officer issued to him/her a citation at the time of the moving violation or if an owner defends successfully against the citation in a District Court trial. Transp. Art., § 21-809(c)(1), (f)(1) & (f)(4).

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Baker v. Montgomery County, 50 A.3d 1112, 427 Md. 691, 2012 WL 3575283, 2012 Md. LEXIS 463 (Md. 2012).

50 A.3d 1112 (Baker v. Montgomery County) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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