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Adobe PDFNo Escaping Estate Recovery Liens
Kevin M. Huss; Smith Haughey Rice & Roegge, P.C.;
Legal Alert/Article
May 25, 2015, previously published on April 30, 2015
The Court of Appeals recently published a key decision In re Estate of Keyes, which has a profound impact on individuals who currently receive Medicaid benefits. The Keyes case found that the Department of Community Health (DCH) can recover Medicaid benefits from the estate of a Medicaid recipient...

 

HTMLFourth Circuit Declines to Issue Injunction to Enforce a Reciprocal Easement Agreement at White Flint Mall
Edward J. Levin; Gordon Feinblatt LLC;
Legal Alert/Article
May 25, 2015, previously published on May 2015
The Fourth Circuit Court of Appeals affirmed an order of the United States District Court for the District of Maryland which denied the request of Lord & Taylor, LLC to stop the redevelopment of White Flint Shopping Center (the “Mall”) along Rockville Pike in Montgomery County. Lord...

 

HTMLRequirements for Adverse Possession Were Met for Property on the Magothy River
Edward J. Levin; Gordon Feinblatt LLC;
Legal Alert/Article
May 25, 2015, previously published on May 2015
The Court of Special Appeals affirmed the decision of the Circuit Court for Anne Arundel County in a recent unreported opinion involving ownership of and easements relating to two strips of land in the Sillery Bay community on the Magothy River in Pasadena, Maryland. Sillery Bay Improvement...

 

HTMLTo Plan or Not to Plan
Steven J. Rabinowitz; Phillips Nizer LLP;
Legal Alert/Article
May 25, 2015, previously published on May 19, 2015
In most cases, a new store tenant will require work to be done to make the premises suitable for its purposes. As a rule, a landlord will insist that no work can be done without prior approval. That puts the prospective tenant on the horns of a dilemma while negotiating a lease: if an architect is...

 

HTMLNew “Directional Sign” Policy for Baltimore County Homebuilders
Dino C. La Fiandra; Pessin Katz Law, P.A.;
Legal Alert/Article
May 25, 2015, previously published on May 11, 2015
The Baltimore County Department of Permits, Approvals, and Inspections has adopted a new administrative policy allowing homebuilders to place temporary “Directional Signs” on their new developments. Homebuilders often rely on these “Directional Signs” to direct potential...

 

HTMLWhen is an LLC a Corporation? When It Seeks a Particular Tax Exemption
Edward J. Levin; Gordon Feinblatt LLC;
Legal Alert/Article
May 20, 2015, previously published on May 2015
The Court of Special Appeals recently held that a limited liability company may avail itself of the benefit of an exemption from recordation and transfer taxes relating to mergers that the State Department of Assessments and Taxation (“SDAT”) argued was only applicable to corporations....

 

HTMLFarmers' Market Stalls Violated Supermarket's Restrictive Use Covenant
Richard H. Topaz; Gordon Feinblatt LLC;
Legal Alert/Article
May 20, 2015, previously published on May 2015
In Redner’s Markets, Inc. v. Joppatowne G.P. Limited Partnership, 594 F. App’x 798 (4th Cir. 2014), the United States Court of Appeals for the Fourth Circuit affirmed the District Court’s decision that landlord’s permitting the operation of two “stalls” in the...

 

HTMLThe Law of Merger
Kathleen Deegan Dickson; Forchelli, Curto, Deegan, Schwartz, Mineo & Terrana LLP;
Legal Alert/Article
May 20, 2015, previously published by New York Real Estate Journal on November 11, 2014
Take caution when purchasing a vacant parcel of land or purchasing a parcel adjacent to one already owned, as the possibility of the merger of lots is a real danger. The doctrine of “merger” involves adjacent lots, which do not conform to the lot area or lot width requirements of the...

 

HTMLChallenge to Condominium Maintenance Arrangement Fails
Edward J. Levin; Gordon Feinblatt LLC;
Legal Alert/Article
May 20, 2015, previously published on May 2015
Abreu v. Condominium 4 at the Colonnade, et al., No. 2371, Sept. Term, 2013 (Md. Ct. Spec. App., April 8, 2015), involved the unsuccessful challenge of repair and maintenance obligations at a condominium regime.

 

HTMLExpress Easement May Be Created By Plat
Edward J. Levin; Gordon Feinblatt LLC;
Legal Alert/Article
May 20, 2015, previously published on May 2015
In Peters v. Emerald Hills Homeowners’ Association, Inc., 221 Md.App. 338 (2015), the Court of Special Appeals held that an easement may be created by a plat, which is an exception to the general rule. Also, the court held that the easement did not conflict with a subsequent recorded...

 


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