Howard County Human Rights Commission v. Great Oaks Apartments
Howard County Human Rights Commission v. Great Oaks Apartments
Opinion of the Court
We granted certiorari in this case to determine whether the adults-only rental policy of Great Oaks Apartments was at variance with the Howard County Human Rights Law and, if so, whether Howard County’s prohibition was invalid by reason of conflict with state law. We will not be able to reach those questions because this case has become moot.
At the time the Howard County Human Rights Commission (HRC) filed a complaint against Great Oaks alleging age discrimination in housing, Great Oaks held itself out as an adult community and prohibited rental of apartments to families with children under 15 years of age. HRC contended that Great Oak’s conduct violated § 12.207 of the Howard County Code, and asked that an order be issued directing Great Oaks to “cease and desist from the acts.” The complaint was filed with the Board of Appeals of Howard County, which has original jurisdiction in such matters. At a hearing before the Board, the parties stipulated to the relevant facts, and presented the Board with a single question — whether the adults-only rental policy of Great Oaks constituted a form of age discrimination prohibited by the Howard County Code. Four of the five mem
The Board of Appeals was unable to agree. Two members believed the conduct was prohibited by the Howard County Code, and two believed it was not. The Board treated its 2-2 decision as a denial, and dismissed the petition. See Montgomery County v. Walker, 228 Md. 574, 581-84, 180 A.2d 865 (1962); Lohrmann v. Arundel Corp., 65 Md.App. 309, 316, 500 A.2d 344 (1985). HRC appealed to the Circuit Court for Howard County. That court also declined to answer the question posed by the parties. Judge J. Thomas Nissel held that if it were assumed that the Howard County Code prohibited an adults-only rental policy, that portion of the code would be invalid because it would be in direct conflict with the housing discrimination provisions of state law.
Two things have happened since we received this appeal that in combination make the case moot. First, the Congress has passed and the President has signed the Fair Housing Amendments Act of 1988, Pub.L. No. 100-430, 102 Stat. 1619, which will take effect 12 March 1989. This act amends Title VIII of the Civil Rights Act of 1968 and, among other things, prohibits age discrimination in residential rental housing except under certain specified circumstances. Second, Great Oaks has notified the Court that
In view of the fact that the only relief sought by HRC was the issuance of an order directing that Great Oaks cease and desist from its adults-only rental policy, there is no longer an actual controversy between the parties, and the Board of Appeals could give no meaningful relief. See State v. Peterson, 315 Md. 73, 553 A.2d 672 (1989); Koontz v. Ass’n of Classified Emp., 297 Md. 521, 529, 467 A.2d 753 (1983) (a question is moot if, at the time it is before the Court, there is no longer an existing controversy between the parties, so that there is no longer any effective remedy which the Court can provide). See also Attorney Gen. v. A.A. Co. School Bus, 286 Md. 324, 327, 407 A.2d 749 (1979), United States v. Aluminum Co. of America, 148 F.2d 416, 448 (2d Cir. 1945), and Gross v. Pomerleau, 465 F.Supp. 1167, 1174 (1979), generally holding that an injunction should not issue if the acts sought to be enjoined have been discontinued or abandoned and there is no reasonable expectation that the conduct will be repeated. Although the liability of the parties for payment of costs might be affected by a decision on the merits, it is settled that “an otherwise moot case is not regarded as a live controversy merely because of liability for costs.” Rutherford v. Rutherford, 296 Md. 347, 351-52, n. 2, 464 A.2d 228 (1983).
The parties, acknowledging that the case before us has become moot, nevertheless ask that we proceed to decide the underlying issues. They have informed us that there is another case pending before the HRC in which monetary damages are sought because of the past adults-only rental policy of Great Oaks, and they view a decision in this case as an expeditious and cost-effective means of resolving the principal controversy in that matter. We decline to do so. As Chief Judge Murphy said for the Court in State v. Ficker, 266 Md. 500, 506-07, 295 A.2d 231 (1972), “[ajppellate courts do not sit to give opinions on abstract propositions or moot questions, and appeals which present
JUDGMENT OF THE CIRCUIT COURT FOR HOWARD COUNTY VACATED; CASE REMANDED TO THAT COURT WITH DIRECTIONS TO DISMISS THE ACTION; COSTS TO BE PAID BY HOWARD COUNTY, MARYLAND.
. Judge Nissel found that § 20 of Article 49B, Maryland Code (1957, 1986 Repl.Vol.), expressly permitted that which the Howard County Code presumably prohibited, and thus there was an impermissible conflict within the meaning of Klein v. Colonial Pipeline Co., 285 Md. 76, 400 A.2d 768 (1979), and City of Baltimore v. Sitnick & Firey, 254 Md. 303, 255 A.2d 376 (1969).
Reference
- Full Case Name
- HOWARD COUNTY HUMAN RIGHTS COMMISSION v. GREAT OAKS APARTMENTS
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- 1 case
- Status
- Published