Board of County Commissioners v. Marcas, L.L.C.

4 A.3d 946, 415 Md. 676, 2010 Md. LEXIS 525
CourtCourt of Appeals of Maryland
DecidedSeptember 20, 2010
DocketMisc. No. 3
StatusPublished
Cited by24 cases

This text of 4 A.3d 946 (Board of County Commissioners v. Marcas, L.L.C.) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of County Commissioners v. Marcas, L.L.C., 4 A.3d 946, 415 Md. 676, 2010 Md. LEXIS 525 (Md. 2010).

Opinion

MURPHY, J.

On January 22, 2007, the United States District Court for the District of Maryland opened Case No. 8:07-cv-00196-CBD as a result of a Complaint filed by Marcas, L.L.C. against the Board of County Commissioners of St. Mary’s County. On October 2, 2009, that case was “Stayed pending the receipt of the written opinion of the Court of Appeals of Maryland stating the law governing [two] questions certified” pursuant to the Maryland Uniform Certification of Questions of Law Act,1 and Maryland Rule 8-305(b).2 The certified questions are:

1. Whether multiple tort counts and injuries as alleged in [the] Complaint [filed by Marcas, L.L.C. against the Board of County Commissioners of St. Mary’s County] constitute an “individual claim” under the Maryland Local Government Tort Claims Act [ (LGTCA) ], Md.Code Ann. Cts. & Jud. Proc. § 5—303(a); and
2. Whether the multiple tort counts and injuries as alleged in [Marcas, L.L.C.’s] Complaint constitute the “same occurrence” under the Maryland Local Government Tort Claims Act, Md.Code Ann. Cts. & Jud. Proc. § 5-303(a)[?]

For the reasons that follow, we answer “yes” to both questions. Despite the fact that Appellant’s negligence is alleged to have occurred in many ways over an extended period of time, for purposes of C.J. § 5-303(a),3 all of the causes of action in which Appellee has asserted a claim for money damages constitute an “individual claim” that arises out of the “same occurrence.”

[679]*679Background

In a Memorandum Opinion accompanying its certification order, the federal court stated:

This case arises out of [Appellee’s] claims that sub-surface methane gas and other volatile organic compounds migrated from the St. Andrews Landfill to [Appellee’s] adjacent property. [Appellee] alleges that each day of contamination equals a separate occurrence and separate claims for damages, thus allowing for a maximum of $500,000 in damages for each day that a violation exists. In contrast, [Appellant] argues that sub-surface migration over time amounts to one occurrence and one individual claim under the statute, resulting in a maximum total liability of $200,000.

Appellee’s SECOND AMENDED COMPLAINT, in pertinent part, alleges:

INTRODUCTION

1. This suit is brought under the federal Comprehensive Environmental Response, Compensation and Liability Act, Solid Waste Disposal Act, and in tort for releases of hazardous substances and other pollutants by [Appellant] onto the property of [Appellee]. [Appellant’s] actions have damaged or threatened the environment and public health and safety and have harmed [Appellee] through damage to and loss of value of [Appellee’s] property, as well as interference with [Appellee’s] efforts to use, develop, and sell [Appellee’s] property. [Appellee] seeks its necessary costs of response to [Appellant’s] releases of hazardous substances under the federal Superfund statute as alleged in Count One; injunctive relief and damages in nuisance and trespass by [Appellant] as alleged in Counts Two and Three; damages for [Appellant’s] wrongful interference with [Appellee’s] business relationships as set forth in Count Four; and damages in strict liability for [Appellant’s] harm to [Appellee’s] property and business interests, as alleged in Count Five.
[680]*6808. The property that is the subject of [Appellee’s] claims is a tract of land consisting of approximately 227 acres, located in California, Maryland, at St. Mary’s County Tax Map 34, Parcel 455 (the “Property”).
9. Cazimir Szlendak, a person who directly or indirectly has an interest in [Appellee], acquired the Property in 1978.
10. [Appellee] acquired the Property on April 10, 1998 from Cazimir Szlendak.
22. [Appellant] began purchasing land for the St. Andrews Landfill in 1971 and completed land acquisition in 1984, for a total site area of approximately 270 acres. The Landfill includes four sanitary waste disposal cells (Cells 1-4) and one rubble disposal cell (Cell 5).
23. Active land-filling operations were conducted and wastes were disposed at the Landfill beginning in approximately 1974 under the authority of [Appellant].
24. [Appellant] was in 1974 and continues to be the owner and operator of the Landfill.
25. Disposal operations at the Landfill were conducted until [Appellant] discontinued waste disposal in Cells 1, 2, and 4 in November 1997 and in Cell 3 in February 1999. The disposal of rubble was discontinued in June 2001.
COUNT ONE
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980, AS AMENDED (“CERCLA”), 42 U.S.C. §§ 9601, ET SEQ.
96. There has been a release or threatened release of hazardous substance from the Landfill.
97. [Appellee] has incurred necessary response costs, including monitoring, assessment, and evaluation costs consistent with the National Contingency Plan, in response to the releases or threatened releases from the Landfill. [Appellee] expects to incur further response costs, consistent [681]*681with the National Contingency Plan, in response to the releases from the Landfill.
98. [Appellant] is a current owner or operator of the Landfill.
99. [Appellant] was an owner or operator of the Landfill at the time of disposal of a hazardous substance.
100. Pursuant to 42 U.S.C. § 9607(a), [Appellant] is liable to [Appellee] for all necessary response costs incurred and to be incurred by [Appellee] at its Property.
COUNT TWO
TRESPASS
103. [Appellant] has allowed and is continuing to allow hazardous substances, pollutants and contaminants from the Landfill to invade [Appellee]’s Property and interfere with [Appellee]’s interest in the exclusive possession, use and enjoyment of the Property.
104. [Appellant] had notice of its actions giving rise to the trespass and failed to cease the actions.
105. As an actual and proximate result of the trespass by [Appellant], has been damaged in an amount greater than $10,300,000, the exact amount to be proven at trial.
COUNT THREE
PRIVATE NUISANCE
107. [Appellant’s ownership and/or operation of the Landfill has been conducted and is continuing to be conducted in a manner that interferes with [Appellee’s] reasonable use and enjoyment of the Property.
108. [Appellant] knew or should have known of the condition and the nuisance or unreasonable risk involved.
109. [Appellant] knew or should have known that the condition existed without the consent of [Appellee].
110.

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Bluebook (online)
4 A.3d 946, 415 Md. 676, 2010 Md. LEXIS 525, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-county-commissioners-v-marcas-llc-md-2010.