Document Type

Brief

Publication Date

2-8-2000

Keywords

drug nuisance, property, demolition

Comments

Filed in the Court of Appeals of Maryland, Pursuant to a Writ of Certiorari to the Circuit Court for Baltimore City On Appeal from the District Court of Maryland for Baltimore City (Timothy J. Doory, Judge)

Brief of Amicus Curiae in Support of Respondents. Amicus curiae Community Law Center, Inc., files this brief in support of Respondent, the State of Maryland (et al.) ("Respondent"), because of the impact that this case will have on our clients, community-based organizations.

Abstract

Amici curiae brief filed by the Community Law Center on behalf of Respondent, State of Maryland. At issue before the Court of Appeals was whether the equitable power granted by Md. Ann. Code, Real Property § 14-120(e) allows a District Court to abate a drug nuisance, which has been found to be a threat to the safety and welfare of a community, through the demolition of a building. Md. Ann. Code, Real Property § 14-120(e) is known as the “Drug Nuisance Statute” and the Community Law Center has devoted much of its resources to representing community associations in drug nuisance cases. The Community Law Center argues that both explicit statutory language and common law principles clearly give the District Court the power to order the demolition of a property found to be a drug nuisance when the nuisance threatens the health and safety of the community residents. In the instant case, the District Court found that Petitioner’s property at 2900 Springhill Avenue constituted a drug nuisance that could be abated only through demolition of Petitioner’s property and the Community Law Center argues for the Court of Appeals to affirm the District Court’s ruling.

Disciplines

Property Law and Real Estate

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