Delphey v. Frederick (Ct. of Appeals)

Filed December 14, 2006--Opinion by Judge Lynne A. Battaglia, with Judges Dale R. Cathell and Glenn T. Harrell, Jr. joining in the judgment only.

Petitioner, J.P. Delphey Limited Partnership, sought review of the judgment of the Court of Special Appeals affirming the condemnation of Delphey's property by the City of Frederick and concluding that no ordinance specific to the property was required by Section 2(b)(24) of Article 23A of the Maryland Code (1957, 2001 Repl. Vol.) in order for the City to acquire the property by condemnation. The Court of Appeals affirmed the judgment of the Court of Special Appeals and held that the Aldermen's vote to condemn the Delphey property constituted a proper exercise of the authority vested in that legislative body by Section 2(b)(24) of the Article 23A and Section 173 of the City of Frederick Charter, and that no ordinance, or legislative act, specific to the property was required. The Court further determined that the Aldermen did not violate Section 10-508 (a)(3) of the Open Meetings Act, which provides an exception to the general prohibitions of Section 8 of Article 23A, when they voted to condemn the Delphey property in a closed session.

The full opinion is available in WordPerfect or PDF format.