No. 23-988

Justin Holder v. Jeffrey Young, et al.

Lower Court: Maryland
Docketed: 2024-03-11
Status: Denied
Type: Paid
Response Waived
Tags: 5th-amendment fifth-amendment in-rem-jurisdiction judicial-jurisdiction land-transfer merger-doctrine municipal-power police-power property-rights subdivision-ordinance taking takings
Key Terms:
DueProcess Takings FifthAmendment JusticiabilityDoctri
Latest Conference: 2024-05-09
Question Presented (AI Summary)

Does the State employee judge Andrew Wilkinson's orders refusing to join the State, and voiding the deeds of Petitioner that contested the State's colorable claim to the 'abandoned railroad' that Petitioner asked the court to quiet title thereto, constitute a 'taking' under the 5th amendment when the order exceeds the municipalities police power, prohibits the rightful owner of using and/or disposing of said land, exceeds the 'in rem' jurisdiction of the trial court, and when the deeds were valid transfers of land that indisputable complied with the subdivision ordinance because the trial court found facts and applied the doctrine of merger?

Question Presented (OCR Extract)

QUESTIONS PRESENTED The Town of Keedysville, Maryland’s (the “Town’) Subdivision Ordinance defines a “subdivision,” wherein that definition, in its pertinent part, excludes from its regulation: . the transfer or sale of land between owners of adjoining properties which does not involve the creation of any new buildable lots under the terms of the Keedysville Zoning Ordinance shall not constitute a subdivision... QUESTIONS A. Does the State employee judge Andrew Wilkinson’s orders refusing to join the State, and voiding the deeds of Petitioner that contested the State’s colorable claim to the “abandoned railroad” that Petitioner asked the court to quiet title thereto, constitute a “taking” under the 5th amendment when the order exceeds the municipalities police power, prohibits the rightful owner of using and/or disposing of said land, exceeds the “in rem” jurisdiction of the trial court, and when the deeds were valid transfers of land that indisputable complied with the subdivision ordinance because the trial court found facts and applied the doctrine of merger? i of xiii B. If so, did the trial court error in denying Petitioner’s jury trial on this substantively new claim for just compensation when the trial court : found the fact that the States name on the plat at issue was a “scrivener’s error, nothing more?” ii of xiii

Docket Entries

2024-05-13
Petition DENIED.
2024-04-23
DISTRIBUTED for Conference of 5/9/2024.
2024-04-01
Waiver of right of respondent Uncle Eddie's Brokedown Palace, LLC to respond filed.
2023-11-08

Attorneys

Justin Holder
Justin Holder — Petitioner
Uncle Eddie's Brokedown Palace, LLC
Robert L. KlineKline Law Group LLC, Respondent