Martin v. Howard County

ELDRIDGE, Judge.

Maryland Code (1974, 1996 Repl.Vol.), § 14-120 of the Real Property Article, creates a cause of action to “abate” a nuisance when real property is used in connection with certain controlled dangerous substances or controlled paraphernalia. The plaintiff in this case filed a complaint under § 14-120, seeking an order requiring a tenant to vacate a federally-subsidized apartment and seeking restitution of the property to the landlord. The question presented is whether, in light of the nature of this proceeding, Article 23 of the Maryland Declaration of Rights gives the tenant a…