Davis v. Montgomery County, 95

• Decision Date: 22 December 1972
• Docket Number: No. 95,95
• Parties: Roderic DAVIS et al. v. MONTGOMERY COUNTY, Maryland et al.
• Court: Maryland Court of Appeals

Page 456

267 Md. 456

298 A.2d 178

Roderic DAVIS et al. v. MONTGOMERY COUNTY, Maryland et al.

No. 95.

Court of Appeals of Maryland.

Dec. 22, 1972.

Murray L. Deutchman, Rockville (Bullard & Deutchman, Rockville, on the brief), for appellants.

Robert S. Bourbon, Rockville (on the brief for Board of Trustees of Montgomery Community College, part of appellees; Francis B. Burch, Atty. Gen., and Martin B. Greenfeld, Asst. Atty. Gen., Baltimore, on the brief for State Board of Public Works and Richard McKernon, County Atty., and Stephen J. Orens, Asst. County Atty., Rockville, on the brief for Montgomery County, other appellees.)

Argued before BARNES, SINGLEY, SMITH, DIGGES and WILLIAM B. BOWIE (specially assigned), JJ.

BARNES, Judge.

The appellants, property owners of residential property in Takoma Park, Montgomery County, near the Takoma Park campus of Montgomery College, filed a bill of complaint in the Circuit Court for Montgomery County on December 7, 1971, against the appellees, Montgomery County, the Board of Trustees of Montgomery County (Trustees) and the Board of Public Works of the State of Maryland (Board of Public Works), praying for an injunction against the expenditure of certain state and county funds for the expansion of the Takoma Park campus. After an amended bill of complaint was filed on February 7, 1972, with leave of the chancellor, and answers duly filed, the appellees filed motions for summary judgment with supporting affidavits and the appellants filed an opposing affidavit. The principal questions presented to us involve (1) the alleged unconstitutionality of Maryland Code (1957, 1969 Repl.Vol.) Art. 77A, §§ 1-10, and particularly § 1(d), giving the Trustees power to purchase, lease, condemn or in any other manner acquire real and personal property deemed necessary by them for the operation of the community college, because of an unconstitutional delegation of legislative power; (2) the sufficiency of the counter-affidavit of the appellants to raise genuine issues of material fact in regard to (a) the alleged denial of due process of law resulting from the alleged arbitrary and unreasonable actions of the Trustees and (b) the alleged unconstitutional use of public funds for an option to purchase property owned by a religious organization. The chancellor (Joseph Mathias, J.) granted summary judgments in favor of the defendants below on April 27, 1972, and the plaintiffs below-appellants here-entered a timely appeal from that order.

We have concluded that the chancellor properly entered the order of April 27, 1972; and we will affirm that order.

The affidavit of William C. Strasser, President of the Board of Trustees of Montgomery Community College, sets out most of the relevant facts. It is an elaborate and detailed affidavit, consisting of some 20 pages in the record extract. The affidavit indicates, in part, the following.

The Maryland-National Capital Park & Planning Commission (Planning Commission) stated in regard to Planning Area X in its Master Plan adopted by Resolution of September 4, 1963, after duly advertised public hearings on March 6 and 7, 1963:

'Montgomery Junior College occupies only one block in the westernmost corner of the planning area. There is a possibility that the campus will be expanded in the future, in spite of the second junior college under construction north of Rockville. Its down-county location makes it convenient for many-especially part time working students. A logical direction for expansion would be the block northeast of New York Avenue. This would make possible the closing of New York Avenue. Off-street parking is badly needed here.'

The area mentioned for possible expansion is Block 69 in Takoma Park bounded by Philadelphia Avenue, Takoma Avenue, New York Avenue and Chicago Avenue and is adjacent to the property of Montgomery College. The appellants own residential properties in Block 69.

In April 1967, a study and recommendation was made by a Professor of Industrial and Technical Education of North Carolina State University in regard to Montgomery College. He recommended the retention of the Takoma Park campus and the acquisition of an additional down-county site. The Trustees, on July 17, 1967, authorized the formation of a Community Advisory Committee for a long-range Master Plan for the college. On January 25, 1968, they adopted a capital budget for the college for the fiscal year 1969 and included in that budget funds to initiate the educational planning for expanded and improved facilities at the Takoma Park campus, as well as funds for site acquisition.

The Community Advisory Committee, at a public session (after prior concurrent conferences), recommended on September 19, 1968, that the Rockville campus, due to be completed and to reach capacity enrollment by 1972, be considered as well as an up-county campus along the 70 S corridor beyond Gaithersburg. The Trustees, on November 18, 1968, determined that the Takoma Park campus should be retained and developed and authorized the purchase of the property at 7000 Takoma Park.

A committee, authorized by the Trustees to study educational planning for lower county facilities of the college, presented its detailed recommendations to the Trustees in a public session in March 1969 in regard to the Takoma Park campus and its expansion. The Trustees held a public hearing on these recommendations in May 1969 when at least one of the residents of Block 69 attended but did not oppose at that time the expansion of the Takoma Park campus.

On July 21, 1969, the Trustees petitioned the Montgomery County Council for state aid for the acquisition of land adjoining the existing Takoma Park campus. This petition was referred by the County Council to the State Board for Community Colleges, which, on December 3, 1969, recommended to the Board of Public Works the approval of the request of the Trustees for state assistance for the acquisition of additional land for the Takoma Park campus. The Board, on May 1, 1970, approved an allocation of $325,000 toward the acquisition of 7.9 acres of land for the Takoma Park campus, the Trustees receiving official notice of this authorization on July 13, 1970.

Thereafter, the Trustees approved the appointment of an architectural firm for the Takoma Park project. On May 4, 1971, the Trustees held a public hearing on a feasibility study made by the architects. All residents of Block 69 had been sent personal invitations to appear and present their views. Later in May 1971, the architects were instructed to re-evaluate their proposal to determine if it would be possible to take less of Block 69. The Trustees, on June 14, 1971, in a public session, accepted the revision of the architects and the construction table proposed by them. Notice was given by the Trustees to the owners of the eight properties immediately affected by the plans for redevelopment of the Takoma Park campus and indicated that the Trustees were 'most desirous of obtaining a mutually acceptble and appropriate agreement to purchase their properties.' It was also indicated that if no agreement were reached prior to the July 19, 1971, meeting of the Trustees, 'more direct, specific action to acquire the properties' would be considered by the Trustees.

The Trustees, on November 1, 1971, approved a Resolution confirming a fixed policy of acquiring no properties beyond Block 69 for the proposed campus expansion, with the possible exception of nearby industrial properties and some land across the railroad tracks. On the same day, the Trustees approved an option to purchase the property 715 New York Avenue (Lot 6-C in Block 69) from The United Church for the Deaf of Washington, D. C., a District of Columbia Corporation, for $117,500. Thereafter, the Trustees and the Board of Public Works approved various options to purchase land for the Takoma Park campus expansion, including the option to purchase 715 New York Avenue from the Church for the Deaf on February 3, 1972.

The affidavit of President Strasser then sets forth several reasons why the project should not be further delayed, e. g., the inadequacy of the present facilities at the Takoma Park campus, the serious overcrowding, the number of chairs in existing classrooms in many areas of the campus exceeding the state guidelines by 30%, the necessity for compliance with certain regulations in regard to air pollution, the need for the continuation of the college at the Takoma Park location to act as a stabilizing influence in the community, the prevention of deterioration of nearby residential areas by acting as a buffer between commercial and residential areas, to supply educational advantages to the increasiang number of students in the Takoma Park area who find the Takoma Park location convenient and readily available because, in part, of the availability of public transportation, and to prevent the further increase in the costs of completing the project resulting from the delay. Other affidavits in support of the motion by the appellees for summary judgment verified copies of relevant minutes of various state agencies. The affidavit of Robert C. Harrison, Chief of the Land Acquisition Division of the State Department of General Services, and whose duty it was to review all appraisals of land to be acquired in Block 69 by the college for the expansion of the Takoma Park campus, stated:

'I have examined the two appraisals submitted by the College for the property located at 715 New York Avenue, Takoma Park, Maryland. This property is a church and is in Block 69. Both appraisals arrive at the fair market value of this property by using the reasonable replacement cost of the improvements reduced by the physical and functional depreciation thereof, together with the fair market value of the land.

'I was present at the meeting of the Board of Public Works on February 3, 1972, when the said Board approved the acquisition of this church property for...