Ridge Heating, Air Conditioning and Plumbing, Inc. v. Brennen

Dissenting Opinion by

BELL, C.J.,

in which WILNER, J. joins.

We granted certiorari, Ridge Heating v. Brennen, 362 Md. 624, 766 A.2d 147 (2001), to consider whether Maryland Code (1974, 1999 RepLVol.) § 9-104(f)(3) of the Real Property Article,1 applies to homes that are merely repaired or improved and not simply to those new homes that are “being erected.” A divided panel of the Court of Special Appeals construed the statute to apply to the former, 135 Md.App. 247, 258, 762 A.2d 161, 167 (2000), and the majority affirms that judgment. 366 Md. 342, 343, 783 A.2d 695 (2001). I do not agree and,…