Montgomery County v. Soleimanzadeh

82 A.3d 187, 436 Md. 377
CourtCourt of Appeals of Maryland
DecidedDecember 23, 2013
DocketNos. 25, 27
StatusPublished
Cited by7 cases

This text of 82 A.3d 187 (Montgomery County v. Soleimanzadeh) 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
Montgomery County v. Soleimanzadeh, 82 A.3d 187, 436 Md. 377 (Md. 2013).

Opinions

HARRELL, J.

These two eminent domain cases were disposed of by the Circuit Court for Montgomery County by the entry of summary judgment, pursuant to Maryland Rule 2-501, in favor of the condemnor, Petitioner, Montgomery County, Maryland (the “County”). The facts in these cases are largely identical (except as noted) and, thus, we are able to answer in a consolidated opinion the questions presented. Earlier in the proceedings of both cases, the Circuit Court imposed discovery violation sanctions precluding the respective landowners, Respondents Khana Soleimanzadeh and Joseph Soleimanzadeh (the “Soleimanzadehs”) in No. 25 and Respondent Joseph Soleimanzadeh in No. 27, from introducing any evidence as to the fair market value of the taken properties. Because of these sanctions, the Respondents were unable to generate through affirmative evidence a genuine dispute of material [382]*382fact concerning the County’s appraisal valuations of the taken properties in either case. Thus, the Circuit Court granted the County’s Motions for Summary Judgment on the issue of just compensation in both cases.

In No. 25, the Court of Special Appeals held, in a reported opinion, that the Circuit Court erred in granting summary judgment. Soleimanzadeh v. Montgomery County, 208 Md.App. 107, 56 A.3d 349 (2012). The court reasoned that summary judgment is not available in condemnation proceedings on the question of just compensation because a landowner cannot be deprived of the constitutional right to have a jury determine just compensation. In No. 27, the Court of Special Appeals, in an unreported opinion, adopted the reasoning and holding of the reported opinion in No. 25. In this consolidated opinion, we reverse both judgments and hold that summary judgment was available in each case and was granted properly.

FACTS

In 2007, the County took a portion of the subject properties, one owned by Joseph Soleimanzadeh and the other owned by the Soleimanzadehs collectively,1 for the purpose of road improvement, pursuant to an Advance Take Action authorized by § 49-50 of the Montgomery County Code and Art. Ill, § 40A of the Maryland Constitution. After the parties were unable to agree upon the value to be paid for either of the takings, the County filed a Complaint for Condemnation in the Circuit Court on 10 April 2009, pursuant to Maryland Rule 12-205, in each case. Because the proceedings in the Circuit Court were identical in these cases, we review in detail only the facts presented in the Soleimanzadehs’s case below and, to avoid repetition, simply note that the proceedings in the Circuit [383]*383Court were identical or parallel, for all relevant purposes of this appeal, for the case of Joseph Soleimanzadeh.

On 5 October 2009, the County served the Soleimanzadehs with written discovery in the form of interrogatories and a request for the production of documents. Pursuant to Maryland Rules 2-421 (b) and 2-422(c), the Soleimanzadehs’s responses were due on 7 November 2009. On 6 November 2009, the day before the Soleimanzadehs’s responses were due, counsel for the Soleimanzadehs advised the County that the discovery requests had been misplaced and not re-discovered until 5 November 2009.2 Counsel requested a forty-five day extension to comply fully with the requests. The County agreed. On 14 December 2009, according to the County’s later Motion to Compel and/or for Sanctions, the Soleimanzadehs’s counsel advised the County that they “would not file any responses to the discovery requests served by the County” and that the County should “go to the court.”

After the expiration of the initial and sole forty-five day extension, the County filed its Motion to Compel and/or for Sanctions on 23 December 2009.3 The Soleimanzadehs did not file a response. On 25 January 2010, the Circuit Court granted the County’s unopposed motion, entering an order on 27 January 2010 that directed the Soleimanzadehs to file complete responses to the requested discovery within ten days [384]*384of the entry of the order. The order directed further that, if the Soleimanzadehs did not do so within the aforementioned ten days, they “shall not be permitted to introduce any evidence in support of their claims for just compensation and damages.” The Soleimanzadehs failed to file any responses to the requested discovery within the ten days of the entry of the order. Accordingly, the sanctions would become self-executing had the matter come to trial.

While the County’s Motion to Compel and/or for Sanctions was pending, the County filed a Motion for Partial Summary Judgment on 15 January 2010 as to three issues, each averred to be improper for a jury’s determination: “(1) public purpose and necessity, (2) the amount of area taken and entitlement to compensation, and (8) the right to condemn and legality of this condemnation proceeding.”4 With regard to the issue of just compensation, the County requested that “the Court submit the issue of just compensation to be awarded to [the Soleimanzadehs] for the property rights taken to the jury.” The Circuit Court held a hearing on this motion on 31 March 2010 and granted the Motion for Summary Judgment as to public purpose and necessity, but denied other relief at that point in time.

On 26 April 2010, the scheduled date of trial, the County filed a Motion for Summary Judgment or, in the Alternative, for Judgment by Default, on the issue of just compensation and damages on the grounds that the Soleimanzadehs were unable to present any evidence of value of the taken property greater than the appraisal value proposed by the County due [385]*385to the recently imposed discovery sanctions. The Circuit Court heard arguments on that same day and entered an Order on 3 May 2010, condemning the property and awarding the Soleimanzadehs $35,000, the amount proffered by the County’s expert witness in an affidavit filed with the County’s motion, as just compensation for the taking of the real property. On the same day, the Circuit Court entered an Order condemning Joseph Soleimanzadeh’s property and awarding him $52,000.

Joseph Soleimanzadeh and the Soleimanzadehs, with new counsel in tow, appealed to the Court of Special Appeals the grant of the County’s motions for summary judgment in both cases. Notably, neither Joseph Soleimanzadeh nor the Soleimanzadehs challenged in their appeals the Circuit Court’s imposition of discovery sanctions. On 26 November 2012, the Court of Special Appeals, in a reported opinion, reversed the Circuit Court’s grant of summary judgment in the Soleimanzadehs’s case. Soleimanzadeh v. Montgomery County, 208 Md.App. 107, 56 A.3d 349 (2012). The intermediate court held in Soleimanzadeh:

Although the rules of civil procedure apply to condemnation proceedings in general, we hold that the summary judgment rule, Rule 2-501, does not apply in such cases to the issue of just compensation, because a landowner cannot be deprived of the constitutional right to have a jury award just compensation. In the instant case, the trial court’s grant of the County’s motion for summary judgment had the effect of denying the Soleimanzadehs their constitutional right to an award of just compensation by a jury, and thus the court erred in so doing.

Id., 208 Md.App. at 134, 56 A.3d at 365.

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Bluebook (online)
82 A.3d 187, 436 Md. 377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montgomery-county-v-soleimanzadeh-md-2013.