KOBRINE, LLC v. Metzger

• Decision Date: 30 May 2003
• Docket Number: No. 1487,1487
• Citation: 824 A.2d 1031,151 Md. App. 260
• Parties: KOBRINE, L.L.C. et al. v. Bruce METZGER et al.
• Court: Court of Special Appeals of Maryland

824 A.2d 1031

151 Md. App. 260

KOBRINE, L.L.C. et al. v. Bruce METZGER et al.

No. 1487, Sept. Term, 2002.

Court of Special Appeals of Maryland.

May 30, 2003.

Scott S. Morrison (Nicole Lynn Kobrine, Katten, Muchin, Zavis Rosenmann, on brief), Washington, DC, for appellants.

John L. Erly (Laurence W. B. Cumberland, Nancy J. Gordillo, Cumberland & Erly, L.L.C., on brief), Prince Frederick, for appellees.

Argued before HOLLANDER, EYLER, JAMES R. and ADKINS, JJ.

EYLER, JAMES R., J.

This case involves a dispute over title to and the use of a parcel of property (hereinafter referred to as the "parcel in question") located on the Patuxent River in a subdivision known as Harbor Light Beach ("HLB"). The parties are a homeowner's association and owners or former owners of lots and other parcels of land located in the subdivision. The parcel in question had been used by the lot owners in HLB for recreational purposes. The circuit court held that the lot owners enjoyed an easement in the parcel in question and certain lot owners held title to the parcel in question. We shall affirm the judgment of the circuit court with one exception; we shall vacate the order with respect to Dr. Arthur Kobrine, a non-party.

Factual Background

This litigation began in 1999 when several of the lot owners in HLB filed a complaint in the Circuit Court for Calvert County, seeking a declaratory judgment and other relief against Kobrine, L.L.C., one of the appellants herein, challenging the company's asserted ownership of the parcel in question. The operative complaint is the second amended complaint filed on July 21, 2000. As of that time, the plaintiffs were Bruce R. Metzger, the owner of a lot in section 2 of HLB subdivision, and HLB Home Owners Association, Inc., appellees herein, and the defendants were Kobrine, L.L.C. and various individuals who owned lots and other parcels in HLB, some of whom had originally been named as plaintiffs, as well as Joseph B. Waters, III, Richard C. Alexander, Janet Owens and Jennifer Owens as personal representatives of the estate of Dorothy Owens, who granted the parcel in question to Kobrine, L.L.C., and who are the remaining appellants.

The original property, developed as HLB, was owned by J. Earl and Ruth C. Brown at the time of its subdivision in 1956. At that time, the plats depicting section 1 and section 2 were recorded in the plat records of Calvert County. The parcel in question is depicted on the plat of section 2 and is described as "Area Reserved for the Use of Lot Owners." After the plats were recorded, the Browns conveyed some of the lots to individuals who were predecessors in title to some of the defendants and, except for certain conveyances not here relevant, conveyed the rest of the HLB property to Beltway Industries, Inc. (Beltway). The conveyance to Beltway was by deed dated September 13, 1960, which was recorded in the land records of Calvert County.

In 1972, Beltway executed a Declaration of Covenants, Restrictions and Conditions ("the Declaration"), also recorded in the land records of Calvert County. Beltway conveyed some of the lots in the subdivision to individuals who are predecessors in title to some of the defendants and conveyed the remainder of the HLB property to Joseph B. Waters, III, Dorothy S. Owens,¹ and Richard C. Alexander (Waters et al). The conveyance to Waters et al. was by deed dated June 30, 1976, which was recorded in the land records of Calvert County.

Bruce Metzger acquired title to his lot from the prior lot owner, by deed dated April 24, 1998, which was recorded in the land records of Calvert County.

In 1991, Dr. Arthur Kobrine and his wife purchased a lot in section 2 of HLB, which was adjacent to the parcel in question. In 1999, Dr. Kobrine and his wife formed Kobrine, L.L.C. to acquire title to the parcel in question. Waters et al. conveyed the parcel in question to Kobrine, L.L.C. by deed dated September 28, 1999, which was recorded in the land records of Calvert County.

Appellees, in their second amended complaint, alleged that they and their predecessors in title openly used the parcel in question for recreational purposes for over 20 years. Appellees sought a declaration that they and other lot owners in HLB have an easement in the parcel in question for recreational purposes, based on the Declaration and the plat depicting section 2 of the HLB subdivision or, in the alternative, by prescription. Appellees also sought a declaration that Kobrine, L.L.C. held title to the parcel in question in constructive trust for HLB lot owners and that Kobrine, L.L.C. be required to convey title to the lot owners. Finally, appellees asked that Kobrine, L.L.C. be enjoined from interfering with the lot owners' use of the parcel in question.

The case was tried on May 2, 2002, and the court issued a memorandum and order on September 6, 2002. The court ordered that (1) lot owners in HLB have an easement in the parcel in question, (2) the easement is for access to the Patuxent River and for swimming, fishing, crabbing, sunbathing, launching of hand-carried boats, and picnicking, (3) appellees are authorized to remove the rip-rap placed on the property by Kobrine, L.L.C., and Dr. Arthur Kobrine, a principal in Kobrine, L.L.C., shall be responsible for the reasonable cost of removal, (4) the sale of the parcel in question from Waters et al. to Kobrine, L.L.C. is null and void and, (5) appellees' counsel shall submit a judgment transferring title to the parcel in question to the owners of the 56 lots who purchased their lots subsequent to the filing of the Declaration. The court entered such a judgment on September 9, 2002, and amended it on December 5, 2002. The judgment vested certain named individuals with undivided fee simple interests in the parcel in question, as shown on a schedule attached to the judgment.

We shall discuss additional facts as we discuss the issues.

Appellants' Contentions

Appellants first contend that the court erred in holding that certain lot owners in HLB owned the parcel in question and in declaring Kobrine, L.L.C.'s purchase null and void. In support of that contention, appellants argue that (1) appellees abandoned the claim to ownership prior to trial and were judicially estopped from claiming it at trial, (2) the Declaration does not, by its express terms, apply to the parcel in question, (3) the Declaration does not comply with the statutory requirements applicable to the transfer of real property, and (4) the provision in the Declaration relied on by the court is void because it violates the Rule Against Perpetuities.

Second, appellants contend the court erred in concluding that the lot owners had an express easement in the parcel in question. In support of that contention, appellants argue that (1) the plat did not comply with the statutory requirements for conveying such an interest in real property, (2) the title experts testified that the plat did not provide lot owners with use rights, (3) the plat did not comply with the Statute of Frauds, and (4) the plat, Declaration, and deeds to lot owners did not create an express easement.

Third, appellants contend that the court erred in finding an implied easement. In support of that contention, appellants argue that (1) appellees were estopped because they claimed an express easement, (2) there was no evidence that the lot owners relied on the relevant documents, and (3) the court misconstrued the relevant case law and documents.

Fourth, appellants contend that the court erred in permitting appellees to remove the rip-rap from the parcel in question because it was in violation of environmental laws.

Finally, appellants contend the court erred in holding Dr. Kobrine personally responsible for payment of costs incurred in the removal of the rip-rap because he was not a party to the case.

Appealability

The circuit court executed its memorandum and order on September 6, 2002, and judgment was entered on the docket on September 9, 2002. Appellants' notice of appeal was filed on or about September 13. The court executed an "amended judgment" on December 5, 2002, which was entered on the docket on December 10.

Generally, only final judgments are appealable. Md.Code (2002 Repl.Vol.) Courts and Judicial Proceedings, § 12-301, (hereinafter "CJ § "). In order to be final, a judgment must satisfy certain criteria, including the requirement that it must be intended by the court to be the unqualified final disposition of the matter. Milburn v. Milburn, 142 Md.App. 518, 523, 790 A.2d 744 (2002). A party seeking to appeal to this Court must file a notice of appeal within 30 days after the entry of judgment from which the appeal is taken. See Md. Rules 8-201, 8-202, 8-302; see also Jenkins v. Jenkins, 112 Md.App. 390, 399, 685 A.2d 817 (1996). A judgment must be set forth on a separate document, Md. Rule 2-601, and the judgment is effective when the separate document is recorded by the clerk. Byrum v. Horning, 360 Md. 23, 29, 756 A.2d 560 (2000). In the case before us, the September 6 order expressly envisioned a subsequent order to implement it. Facially, the September 6 order was not intended as an unqualified final disposition of the matter. The judgment became final on December 10, but the notice of appeal was filed before, not after, the final judgment.

When appropriate, an appeal can be taken pursuant to the collateral order doctrine. See Md. Rule 12-303. The doctrine applies when the order from which the appeal is taken conclusively determines the disputed question, resolves an important issue, is completely separate from the merits, and is effectively unreviewable on appeal. Baltimore Police Department v. Cherkes, 140 Md.App. 282, 298, 780 A.2d 410 (2001). Obviously, the September 6 order does not meet those requirements.

Similarly, the September 6 order cannot be treated as an appealable judgment under the savings provisions in the rules, the most nearly applicable...