Maryland Economic Development Corp. v. Montgomery County

64 A.3d 478, 431 Md. 189, 2013 WL 1405293, 2013 Md. LEXIS 211
CourtCourt of Appeals of Maryland
DecidedApril 9, 2013
DocketNo. 44
StatusPublished
Cited by14 cases

This text of 64 A.3d 478 (Maryland Economic Development Corp. v. Montgomery County) 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
Maryland Economic Development Corp. v. Montgomery County, 64 A.3d 478, 431 Md. 189, 2013 WL 1405293, 2013 Md. LEXIS 211 (Md. 2013).

Opinions

ADKINS, J.

In this case, we return to our well-established rules of statutory interpretation, searching for the Legislature’s intent [195]*195in granting the Maryland Economic Development Corporation (“MEDCO”) a tax exemption “from any requirement to pay taxes or assessments on its properties or activities.” Md.Code (2008), § 10-129(a) of the Economic Development (“ED”) Article. We look first and foremost to the plain meaning of the statute by applying a common-sense perspective of how the words are understood. In so doing, we hold that the plain meaning of ED § 10-129(a) exempts MEDCO from paying the recordation tax at issue in this ease. We find nothing in the Tax-Property Article that necessitates a different interpretation, and MEDCO did not waive its tax-exempt status.

FACTS AND LEGAL PROCEEDINGS

MEDCO is a public corporation formed by the General Assembly in 1984. See Chapter 498 of the Acts of 1984. The purpose for creating MEDCO, as expressed in the statute, was to “promote economic development” and “encourage the increase of business activity and commerce and a balanced economy in the State.” ED § 10-104(b). To help accomplish this purpose, MEDCO was given the power to “accept loans, grants, or assistance of any kind from ... a private source.” ED § 10-115(4). Specifically, MEDCO may “borrow money and issue bonds to finance any part of the cost of a project or for any other corporate purpose of the Corporation.” Md. Code (2008, 2012 Cum. Supp.), ED § 10-117(a)(l). MEDCO may then “secure the payment of any portion of the borrowing by pledge of or mortgage or deed of trust on property or revenues of the Corporation.” Id. § 10-117(a)(2). In using these powers, MEDCO is authorized to “do all things necessary or convenient to carry out the powers expressly granted by this subtitle.” Md.Code (2008), ED § 10-115(14).

To further aid in promoting the economic development of the State, MEDCO was given a tax exemption. Specifically, the statute creating MEDCO stated:

(a) Exemption. — Except as provided in subsection (b) of this section, the Corporation is exempt from any require[196]*196ment to pay taxes or assessments on its properties or activities, or any revenue from its properties or activities.
(b) Private entities. — Property that the Corporation sells or leases to a private entity is subject to State and local real property taxes from the time of the sale or lease. (Emphasis in bold added).

ED § 10-129. Finally, the legislature expressly instructed that MEDCO’s statutory scheme is to “be liberally construed to accomplish its purposes.” ED § 10-102.

The current litigation arises from MEDCO’s involvement in the development of the Shady Grove Technology Development Center. MEDCO originally financed the project in 1998 by issuing bonds. In 2009, MEDCO sought to retire the bonds but still finance the project and arranged to borrow $3,300,000 from PNC Bank (“PNC”). As part of the loan transaction, MEDCO was required to execute a promissory note and provide PNC with a “first priority perfected security interest” in the Shady Grove property. On March 26, 2009, MEDCO executed a Leasehold Deed of Trust, Assignment and Security Agreement with PNC, which required MEDCO to pay all “recording costs and fees and all federal, state, county and ... other taxes ... in connection with the recordation or filing of any Loan Documents.”

To close the loan transaction, MEDCO presented the deed of trust for recording in Montgomery County, claiming an exemption from the recordation tax based on ED § 10-129(a). The County Transfer Office denied the exemption and required MEDCO to pay $31,450 in recordation tax, which MEDCO paid under protest. MEDCO then filed a Transfer/Recordation Tax Refund Claim. Following an administrative hearing, the Montgomery County Department of Finance denied the claim.

MEDCO appealed to the Maryland Tax Court, but on May 10, 2010 the court denied MEDCO’s Petition for Appeal. The Tax Court recognized that the Economic Development Article gave MEDCO the power to borrow money, the ability to secure such borrowing with a deed of trust, and exempted [197]*197MEDCO from taxes on its properties and activities. Nevertheless, the Tax Court focused on the Tax-Property (“TP”) Article and found that, strictly construing the tax exemption, TP § 12-108 only exempted from the recordation tax instruments of writing that grant a security interest in property to an agency of the State. Section 12-116 of the Tax-Property Article then allows each particular county to choose whether to exempt from the tax, an instrument of wilting granting a security interest given from an agency of the State. Montgomery County had not passed such a law, and therefore, strictly construing the tax exemption and resolving any doubt in favor of the County, the appeal was denied.

On December 27, 2010, the Circuit Court for Montgomery County reversed the decision of the Maryland Tax Court and “found that the Maryland Economic Development Corporation is exempt from paying the Recordation Tax on the Deed of Trust.” The County appealed, and in a reported opinion, the Court of Special Appeals reversed and vacated the Circuit Court’s decision, affirming the judgment of the Maryland Tax Court. Montgomery Cnty. v. Md. Econ. Dev. Corp., 204 Md.App. 282, 285, 40 A.3d 1066, 1068 (2012).

On August 20, 2012, this Court granted a writ of certiorari, Maryland, Economic Development Corp. v. Montgomery County, Maryland, 427 Md. 606, 50 A.3d 606 (2012), to answer the following question:

Should the Maryland Legislature’s determination to exempt MEDCO from “any requirement to pay taxes or assessments on its activities” in order to foster economic growth in the State be countermanded by the decision of Montgomery County to require MEDCO to pay recordation tax on a deed of trust MEDCO granted as part of an economic development project?

We shall hold that the plain meaning of ED § 10-129(a) exempts MEDCO from paying the recordation tax at issue in this case.

[198]*198DISCUSSION

The Maryland Tax Court is an administrative agency, and thus, it “is subject to the same standards of judicial review as other administrative agencies.” Frey v. Comptroller of the Treasury, 422 Md. 111, 136, 29 A.3d 475, 489 (2011); see also Colonial Pipeline Co. v. State Dep’t of Assessments & Taxation, 371 Md. 16, 40 n. 15, 806 A.2d 648, 655 n. 15 (2002). In this regard, the standard of review “depends on whether the court is reviewing a question of law, question of fact, or a mixed question of law and fact.” Prince George’s Cnty. v. Brown, 334 Md. 650, 658, 640 A.2d 1142, 1146 (1994). In this case, we are “under no statutory constraints in reversing a Tax Court order which is premised solely upon an erroneous conclusion of law.” Read v. Supervisor of Assessments, 354 Md. 383, 392, 731 A.2d 868, 872 (1999).

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Bluebook (online)
64 A.3d 478, 431 Md. 189, 2013 WL 1405293, 2013 Md. LEXIS 211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maryland-economic-development-corp-v-montgomery-county-md-2013.