Dinapoli v. Kent Island, LLC
Court of Special Appeals of Maryland · 2012-03-01 · cited 2×
Appellants, including property owners and a conservation group, sued in the Circuit Court for Queen Anne’s County seeking declaratory relief and writs of mandamus related to Kent Island, LLC’s proposed subdivision development known as The Cloisters on Kent Island and associated water and sewer approvals. The trial court granted a motion to transfer the case to the Circuit Court for Anne Arundel County on venue and forum non conveniens grounds, after which the Anne Arundel court denied a recusal request and entered summary judgment for the defendants. On appeal, the court held that the transfer constituted an abuse of discretion because venue was proper in Queen Anne’s County, where the property and most parties are located, and therefore vacated the judgment and remanded with instructions to transfer the case back for further proceedings.