Malamis v. Stein

516 A.2d 1039, 69 Md. App. 221, 1986 Md. App. LEXIS 415
CourtCourt of Special Appeals of Maryland
DecidedNovember 7, 1986
DocketNo. 247
StatusPublished
Cited by3 cases

This text of 516 A.2d 1039 (Malamis v. Stein) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Malamis v. Stein, 516 A.2d 1039, 69 Md. App. 221, 1986 Md. App. LEXIS 415 (Md. Ct. App. 1986).

Opinion

ROBERT M. BELL, Judge.

This appeal from the judgment of the Circuit Court for Allegany County requires us to determine whether a trial judge must award attorney fees and other litigation expenses to the prevailing party in an action brought pursuant to the Maryland “Sunshine Law”, Maryland State Government Code Ann. § 10-501 et seq. Because we find that, by its terms, Maryland State Government Code Ann. § 10-510(e)(5)(i)1 makes such awards discretionary with the trial judge and, that in this case, the trial judge did not abuse his discretion in refusing to make the award sought, we will affirm.

Appellants are the parents of students in grades nine through twelve at the Old Town School, a public school, located in Old Town, Maryland, under the supervision of the Allegany County Board of Education, one of the appellees. The Old Town school was flooded on November 5, 1985, necessitating its being closed and its students being reas[223]*223signed to other schools in Allegany County. On November 8, 1985, a meeting was held at a school in Cresaptown, Maryland for the purpose of discussing with these Old Town students the alternative reassignment options available to them. This meeting, of which “reasonable advance notice was given” through radio spots and in the newspaper, see § 10-506, was attended by the students and a few parents.

During the open meeting, Dr. H. William Mitchell, the Allegany County School Superintendent, one of the appellees, informed those assembled that the final decision on the reassignment of students would be made at a closed meeting of the Board, to be held at 3:30 p.m. on that day. No prior notice of this meeting had been given to the public. Although three parents did attend the afternoon meeting when the Board overruled Dr. Mitchell’s ruling that the meeting was to be closed, appellants alleged that one parent was actually prevented from attending. At the afternoon meeting, a final decision was reached as to the reassignment of the Old Town students. That decision was then released to the news media. The plan was subsequently ratified at a regularly scheduled public meeting, on November 12, 1985,2 of which appropriate notice had been given.

Appellants filed a Complaint and Petition for Declaratory and Injunctive Relief against the Board of Education, Dr. Mitchell and Glenn Hanna, the Supervisor of pupil personnel. Appellants alleged that the afternoon meeting of November 8, 1985, was “held without reasonable advance notice” and, therefore, violated the “Sunshine Law”. They sought a declaration that holding the meeting to finalize the Board’s reassignment plan violated § 10-5053 and, conse[224]*224quently, invalidated the Board’s actions in that regard. Additionally, appellants asked for an injunction against implementation of the plan, and an award of “the cost of this action, including reasonable attorneys’ fees.” Following a hearing, the trial judge found that the Board violated the Sunshine Act. Consequently, he ordered that the Board conduct an open meeting for the purpose of adopting a pupil reassignment plan for Old Town students. He did not, however, void the plan then in effect, which was to remain operative until a new plan was adopted. Concerning appellant’s request for attorney’s fees, the trial judge ruled:

The Act provides that the Court as part of its judgment may assess against any party reasonable counsel fees that the party who prevails in the action incurs. The Court finds that while the Board failed to comply with the Sunshine Act its actions were not taken in bad faith nor with an intention to deceive the public. Rather, the Board acted to deal with an emergency situation in an expedited fashion and thereby overlooked statutory requirements. Therefore, the Court declines to award counsel fees in this case.

Feeling aggrieved by that ruling, appellants have appealed to this Court, asserting:

1. The trial court erred when it did not award to the prevailing plaintiff [sic] on the merits, the appellant [sic], counsel fees and other litigation expenses pursuant to Md.State Government Code Ann. Section 10-501 et seq. and section 10-510(e)(5)(i).
2. The trial court erred when it considered the presence or absence of bad faith or the presence or absence of an intent to deceive the public as a measure for [225]*225awarding reasonable counsel fees and other litigation expenses.
3. Even assuming that bad faith and intent to deceive the public were standards to be applied by the Court regarding appellee’s behavior, in deciding whether appellants would be awarded counsel fees and other litigation expenses, the court erred in finding that appellees did not act in bad faith or with an intent to deceive the public.
Section 10-510(e)(5)(i) provides:
“A court may:
******
(5) as part of its judgment
(i) assess against any party reasonable counsel fees and other litigation expenses that the party who prevails in the action incurred ...”

Relying on federal case law, particularly Ruckelshaus v. Sierra Club, 463 U.S. 680, 103 S.Ct. 3274, 77 L.Ed.2d 938 (1983) and law review articles discussing the award of attorney’s fees in environmental litigation,4 appellants argue:

To deny reasonable counsel fees and other litigation expenses [pursuant to § 510(e)(5)(i) ] would clearly violate the purposes of the Sunshine Act. The prospect of citizens having to pay attorney fees under the sunshine law provisions even when they do prevail certainly creates a chilling effect on their ability to utilize this section of the law to enforce sunshine laws. Consequently it is clear the trial court abused its discretion and erred as to the law, when it denied Appellants their attorney fees.

Thus, appellants would appear to contend that whenever a plaintiff prevails in an action brought pursuant to the [226]*226Sunshine law, it is an abuse of discretion for a trial judge to deny that prevailing party reasonable attorney fees.5 In effect, therefore, they argue that § 10-510(e)(5)(i) is mandatory.6

We do not agree. The issue with which we are confronted is one of statutory construction. In Montgomery County v. McDonald, we said:

The cardinal rule of statutory construction is to ascertain and effectuate the legislative intention. City of Baltimore v. Hackley, 300 Md. 277, 283 [477 A.2d 1174] (1984). This is to be done, where possible, by considering the language and terms of the enactment and giving to them their ordinary meaning. Id. Where the language used is clear and free from doubt or obscurity, there is no occasion to go further, id., and no power to evade the plain meaning of the enactment by a forced or unreasonable construction Celanese Corporation v. Comptroller, 60 Md.App. 392, 397 [483 A.2d 359

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Bluebook (online)
516 A.2d 1039, 69 Md. App. 221, 1986 Md. App. LEXIS 415, Counsel Stack Legal Research, https://law.counselstack.com/opinion/malamis-v-stein-mdctspecapp-1986.