State of Maryland Commission on Human Relations v. Baltimore City Department of Recreation & Parks

887 A.2d 64, 166 Md. App. 33, 2005 Md. App. LEXIS 284
CourtCourt of Special Appeals of Maryland
DecidedDecember 1, 2005
DocketNo. 2662
StatusPublished
Cited by6 cases

This text of 887 A.2d 64 (State of Maryland Commission on Human Relations v. Baltimore City Department of Recreation & Parks) 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
State of Maryland Commission on Human Relations v. Baltimore City Department of Recreation & Parks, 887 A.2d 64, 166 Md. App. 33, 2005 Md. App. LEXIS 284 (Md. Ct. App. 2005).

Opinion

ADKINS, J.

The State of Maryland Commission on Human Relations (“Commission”), appellant, sought to have the Baltimore City Department of Recreations and Parks (“City”), appellee, found in civil contempt of court for failure to make agreed-upon modifications to a place of public accommodation. The Circuit Court for Baltimore City denied the petition for contempt, and the Commission now challenges several rulings made by the circuit court during the contempt hearing. We shall hold that the settlement agreement sought to be enforced is void, and remand to the circuit court for further remand to the administrative agency.

FACTS AND LEGAL PROCEEDINGS

On July 25, 1997, Robert Reuter, a disabled individual, filed a complaint of discrimination with the Commission against the City. Reuter, who is wheelchair-bound, alleged that he could not access several parts of the Cylburn Arboretum and Mansion, a place of public accommodation operated by the City. The Commission investigated the claim, and thereafter issued a written finding of probable cause to believe that the City violated Md.Code (1957, 2003 RepLVol. 2005 Cum.Supp.), Article 49B, section 5(b), by maintaining and operating a place of public accommodation that was inaccessible to those who use wheelchairs. When conciliation efforts between the Commission and the City failed, the matter was certified for public hearing.

On May 24, 2000, the Commission filed a Statement of Charges and a Request for Public Hearing with the Office of Administrative Hearings (“OAH”), alleging that the City had engaged in an unlawful public accommodations practice. OAH then served the City with a copy of the Statement of Charges, [37]*37along with a notice to appear at a pre-hearing conference. The City was directed to file an answer within fifteen days of service and to file a pre-hearing statement no later than July 28, 2000. The City filed neither.

On August 4, 2000, the parties appeared at the scheduled pre-hearing conference. Because the City had failed to file an answer or a pre-hearing statement, the Commission moved for an order of default. The Administrative Law Judge (“ALJ”) ordered the City to file an answer, and also scheduled a November 1, 2000 hearing on the Commission’s motion for order of default. Finally, a public hearing on the merits was scheduled for December 5-6, 2000.

Before the motions hearing, the Commission, Reuter, and the City entered into a settlement agreement. Under that agreement, the City was required to modify the Arboretum, Mansion, and grounds, including the garden playhouse, to make them wheelchair accessible by April 1, 2001. In addition, the City was required to make the trails and bird collection accessible by June 30, 2002. OAH was notified that the parties had entered into a settlement agreement. The OAH then issued an order adopting the settlement agreement as its final order, and dismissed the Commission’s action with prejudice.

On November 20, 2001, because the City failed to make the required changes to the Arboretum, Mansion, and grounds by the required date, the Commission filed a petition for judicial enforcement of administrative order in the Circuit Court for Baltimore City. The City was served with a copy of the petition for enforcement, but again failed to file an answer within the time allowed. On February 11, 2002, the City filed a late answer, in which it admitted that the Commission was “technically correct” that the alterations were not completed. The next day, the Commission, which had yet to receive the City’s late answer, filed a motion for order of default.

The Commission then moved to strike the City’s late answer, or alternatively, for summary judgment, based on the City’s admission that the required changes had not been [38]*38made. The City filed no response to the motion. On July 19, 2002, the circuit court issued two orders, one granting the motion to strike the answer, and the other granting the motion for summary judgment. The City did not move to alter or revise the summary judgment order; nor did it note an appeal.

On January 23, 2003, the Commission filed a petition to cite the City for civil contempt because none of the required alterations had been completed. The circuit court issued a show cause order, requiring the City to file an answer by June 2, 2003, and to show cause at a hearing on June 16, 2003, why it should not be adjudged in contempt. On June 2, 2003, the City filed a motion to dismiss the petition for contempt.

At the show cause hearing, the circuit court ruled that the settlement agreement was ultra vires, because it had not been approved by the Board of Estimates and the City Solicitor had not endorsed the contract, as required by the Baltimore City Charter. The court neither granted nor denied the Commission’s petition for contempt, or the City’s motion to dismiss the contempt proceedings, instead holding all matters sub curia. The court then ordered the parties to negotiate a new agreement. The parties conferred as ordered. The City agreed to comply with most provisions of the invalidated settlement agreement. It refused, however, to install a hard surface on the Circle Trail and stated that it planned to close the garden playhouse rather than install a ramp as previously agreed.

On July 22, 2003, the judge who was hearing the matter met with both parties, then all adjourned to tour the Arboretum grounds. The next day, the hearing reconvened, and the City recited for the record those requirements it agreed to complete, and those to which it objected. Both parties submitted post-hearing memoranda of law, and the City also filed a motion to vacate the order of summary judgment.

On January 14, 2004, the hearing reconvened. After argument, the circuit court reiterated that the settlement agreement was invalid and found that the construction of a hard surface on the Circle Trail was not a reasonable accommoda[39]*39tion, because it would impose an undue hardship. The court then (1) denied the Commission’s petition for contempt, (2) vacated the summary judgment order, and (3) ordered the Commission to pay costs. The Commission noted this timely appeal and presents the following questions for our review:

I. Did the circuit court err in invalidating the settlement agreement, which was agreed to by all parties and halted the administrative process?
II. Did the circuit court err in vacating the order for summary judgment when there was neither appeal of that order nor any timely motion to vacate?
III. Did the circuit court err in finding that installing a hard surface on one trail at the Arboretum was not a reasonable accommodation?
IV. Did the circuit court abuse its discretion in assessing costs against the Commission?

We answer questions I and IV in the negative. We answer questions II and III in the affirmative, however, and accordingly, reverse the judgment on those issues.

DISCUSSION

As a threshold matter, we must address the City’s motion to dismiss the Commission’s appeal. The City argues that under Pack Shack, Inc. v. Howard County, 371 Md. 243, 808 A.2d 795 (2002), the Commission has no right of appeal, because it failed in its attempt to have the City adjudged in contempt.

In Pack Shack, 371 Md.

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887 A.2d 64, 166 Md. App. 33, 2005 Md. App. LEXIS 284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-maryland-commission-on-human-relations-v-baltimore-city-mdctspecapp-2005.