Legal Opinion · Dissent

State v. Goldberg

Court of Appeals of Maryland

Decided February 26, 2014No. 8/13Published

1DissentWatts, J.

Respectfully, I dissent, and would reverse the circuit court’s grant of appellees’ motion for summary judgment.

In a matter of first impression, this Court is called upon to directly address the issue of ejectment as a remedy for non*228payment of ground rent; and, oddly, this Court determines that the statutorily created remedy of ejectment — contingent on non-payment of rent by the lessee and proper notice by the lessor — is, indeed, a remedy but is “essential for the right of re-entry in Maryland grounds rents[,]” and, thus, Chapter 286 of the 2007 Laws of Maryland is unconstitutional. Majority…

2Cases cited13 opinions

  1. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  2. Dua v. Comcast Cable of Maryland, Inc.Court of Appeals of Maryland · 2002
  3. Prince George's County v. LongtinCourt of Appeals of Maryland · 2011
  4. Muskin v. State Department of Assessments & TaxationCourt of Appeals of Maryland · 2011
  5. Allen v. DovellCourt of Appeals of Maryland · 1949

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