Milestone v. Washington Suburban Sanitary Commission

260 A.2d 43, 256 Md. 245, 1969 Md. LEXIS 646
CourtCourt of Appeals of Maryland
DecidedDecember 29, 1969
DocketNo. 104
StatusPublished
Cited by2 cases

This text of 260 A.2d 43 (Milestone v. Washington Suburban Sanitary Commission) 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
Milestone v. Washington Suburban Sanitary Commission, 260 A.2d 43, 256 Md. 245, 1969 Md. LEXIS 646 (Md. 1969).

Opinions

Smith, J.,

delivered the opinion of the Court. Barnes, J., dissents. Dissenting opinion at page 258 infra.

This litigation is produced by what the appellants, David Milestone et al., believed to be an attempt on the part of the appellee, Washington Suburban Sanitary Commission (the Commission), to assess a parcel of land twice for the same sewer. The trial judge (Meloy, J.) was convinced there had not been a prior assessment. We shall sustain the action of Judge Meloy.

The reporter is directed to reproduce the attached plat. It is a copy of a portion of the plat filed in this case and printed in the record extract. The situation here can best be understood by reference to that plat.

In the spring of 1962 David Milestone (Milestone) owned a tract of land on the Laurel-Bowie road in Prince George’s County said to comprise 21.4064 acres. The frontage of Milestone on this road was broken by two parcels previously conveyed by someone to Messrs. Hanauer and Poole which, for purposes of the Commission, have been called “Block 257/10” and “Block 258/10”, respectively.1 A sewer main was constructed by the Commission in 1961. This line ended at block 257. It apparently reached the edge of the remaining frontage of Milestone on this road, that area being known for Commission purposes as block 256, but was not constructed in front of it. Water lines along the entire Milestone frontage on this road were installed at the same time the sewer lines were installed for a portion of the frontage. The Commission, for purposes of making its assessments, as[247]*247signed block numbers. Although the land of Milestone was. a single tract of 21.4064 acres, the Commission assigned four different block numbers to this land, 188, 256, 259’ and 260.2

In March of 1962 Milestone was notified of a sewer-benefit charge assessment for block 259 pertaining to a frontage of 330 feet on the Laurel-Bowie road, precisely the number of feet appearing on the plat attached to this, opinion for that block. The notice at one place had on it:

“Lot 3.534 ac., 1 ac. & 14 ac. Block 259/10 Subdivision Bowie Road near B. & O.RR — 10th Dist.”

Below the assessment data the following appeared:

“Parcels 188/10, 256/10, 259/10 & 260/10 continuous frontage”

On the same day Milestone was notified of an assessment for sewer purposes pertaining to block 260 for 69 feet, the precise frontage specified on the attached drawing. This notice had above the data relative to the front foot benefit charge:

“Lot 2.8405 acres Block 260/10 Subdivision South Laurel 10th Dist.”

At the foot the notice said:

“Parcels 188/10, 256/10, 259/10 & 260/10 continuous frontage”

Notices of water assessments for blocks 259 and 260 were issued on the same day as the sewer assessment notices with the same data appearing on the notices. On the same date a notice of assessment was issued relative to block 256 for water purposes. This assessment was originally for 376 feet, but the assessment notice has on it a notation stating:

“376' corrected to 380' effective 1-1-62”

[248]*248in longhand with the signature of William A. Ryon (Supervisor of Assessments) written on it. Reference to the attached plat will reveal that the frontage of block 256 as it there appears is 379.77 feet (283 feet plus 96.77 feet). The course down the road is S 07° 24' 00" W 379.77 feet. This notice had on it above the front foot benefit charge assessment the legend:

“Lot 3.534 ac., 1 ac. & 14 acres Block 256/10 Subdivision Bowie Rd. near B. & O RR—10th Dist.”

Below that it said:

“Parcels 188/10, 256/10, 259/10 & 260/10 continuous frontage”

On March 16, 1962, Milestone wrote the Commission enclosing “photostatic copies of 5 notices of water main benefit charges and sewer benefit charges” and requested “the redemption figure necessary to pay off these front foot benefit charges in full.” On April 4, 1962, the Supervisor of Assessments of the Commission wrote Milestone as follows:

“Reference is made to your letter of March 16, 1962 in which you enclosed photo-copies of five benefit charge notices, mailed you under date of March 8, 1962, on certain properties in the 10th (Laurel) Election District, Prince George’s County, Maryland.
“You are advised that the amount necessary to redeem, or pay off in one lump sum, the water and sewer benefit charges indicated on the five notices, are as follows:
Amount to redeem water benefit charge levied on 3.534 Ac., 1 Ac. & 14 Ac. (Parcel 256/10) $2,481.71
Amount to redeem water benefit charge levied on 3.534 Ac., 1 Ac. •& 14 Ac. (Parcel 259/10) $2,155.17
[249]*249Amount to redeem sewer benefit charge levied on 3.534 Ac., 1 Ac. & 14 Ac. (Parcel 259/10) $2,753.83
Amount to redeem water benefit charge levied on 2.8405 Acres (Parcel 260/10) $ 809.82
Amount to redeem sewer benefit charge levied on 2.8405 Acres (Parcel 260/10) $ 575.80
“We trust this furnishes you with the information requested.”

The above listed charges totaled $8,776.33. It will be noted that no reference is made in that letter to block 188. On June 5, 1962, Milestone paid the Commission the sum of $12,873.85, of which $4,097.52 was for assessments for block 188. The receipt stated it was:

“For: Redeeming effective Jan. 1, 1962, water & sewer front foot benefit charges levied against 21.3705 acres of land (Parcels 188/10, 256/10, 259/10 & 260/10), in the 10th (Laurel) Election District, Prince George’s County, assessed to David Milestone.”

The plat filed in the record extract and a portion of which is here reproduced was prepared subsequent to the 1962 assessment. It was approved by the National Capital Park and Planning Commission on June 20, 1962.

On September 21, 1965, 6.7 acres of the land owned by Milestone was conveyed so that Philip Milestone now has an interest in it. That land is shown as block 256 B on the plat. In 1967 this 6.7 acre parcel was improved by the erection of buildings containing 161 apartment units. The apartments were connected to the existing sewer in Laurel-Bowie road by a line running through other land of Milestone (block 259). In March of 1968 a sewer benefit charge notice was sent to Milestone as a result of this construction and connection. The annual charge [250]*250was in the amount of $1,999.62 on the unit basis of 161 units at 18 feet each or a total of 2,898 feet. The property was identified in the notice as:

“6.70 Ac. at Center Lot Pt. of Block 256B/10 Subdivision Milestone Apartments — 10th District Parcel A”

There are two statute's here pertinent. Section 1571 a3 of the 1953 Code of Public Local Laws of Prince George’s County at the time of the 1962 assessment provided in pertinent part:

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Related

Bailey v. Stouter
502 A.2d 1125 (Court of Special Appeals of Maryland, 1986)
Montgomery County Council v. Summers
332 A.2d 646 (Court of Appeals of Maryland, 1975)

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Bluebook (online)
260 A.2d 43, 256 Md. 245, 1969 Md. LEXIS 646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/milestone-v-washington-suburban-sanitary-commission-md-1969.