Michael Campbell Begins Presidency of Montgomery County Inn of Court


Miller, Miller & Canby’s Michael Campbell has begun a one-year term as President of the Montgomery County Inn of the American Inns of Court.  The American Inns of Court is a national association of lawyers, judges and other legal professionals who share a passion for legal excellence.  The mission of the organization is to “inspire the legal community to advance the rule of law by achieving the highest level of professionalism through example, education and mentoring.”

“I am honored to assume this role for the coming year, and look forward to continuing to work with my colleagues and our legal community, furthering the mission of the American Inns of Court,” said Mr. Campbell.

Through monthly meetings, the Inn hosts a dinner followed by a presentation, demonstration or guest speaker. In this collegial environment, outside the courtroom and pressure of daily practice, members discuss legal practice, principals and methods and provide mentorship to new lawyers.  The Montgomery County Inn of Court boasts 136 active members. Its meeting in September will feature Maryland Attorney General Brian Frosh.

Mr. Campbell is a partner in Miller, Miller & Canby’s litigation group, with a practice that is diverse and extensive. He focuses his practice on real estate and construction disputes in state and federal courts in Maryland, Virginia and the District of Columbia and before arbitration panels. He handles cases relating to commercial and residential construction projects, property and lease disputes, property tax appeals, and other commercial matters.

View the firm press release by clicking the Download button below.





Maryland Holds the Line on Property Tax Rate; But Buyers Should Consider Total Tax Burden


Recently, the Maryland Board of Public Works voted to keep the state property tax rate at its current level.  The Board is composed of the Governor, Comptroller and State Treasurer.  Governor Larry Hogan, a fiscal conservative, announced that holding the rate was part of his commitment to “prudent capital spending.”  As a result, the state tax rate will remain at 11.2 cents per $100 of assessed value, or 0.112% of total value.  That means a property assessed at $1,000,000 will incur a state tax of $1,120 annually.

While this might suggest good news for Maryland property owners, the state property tax is only a small portion of the overall tax burden on properties.  Each non-exempt property is also subject to county property taxes and, in some jurisdictions, municipal property taxes as well.  For instance, in Montgomery County, a D.C. suburb and the most populated county in the State, the current county tax rate is 0.9927%, which adds another $9,927 in taxes for a $1,000,000 assessment.  Further, a person owning property in Takoma Park, located inside Montgomery County and on the D.C. border, would pay an additional municipal tax of 0.5291.  Consequently, a non-exempt property assessed at $1,000,000 in Takoma Park is subject to a total property tax rate of 1.6338%, equaling $16,338 in annual property taxes.

Other Maryland municipalities that impose a third layer of property taxes include Frederick City (0.73%), Hyattsville (0.63%), and Annapolis (0.54%). When considering the location and timing of purchasing property in the Maryland, buyers should consider the total property taxes imposed annually.  Moreover, if the pre-purchase assessment is lower than the purchase price, the buyer can generally expect the assessment to increase up to the purchase price for the next triennial assessment cycle. The local assessment offices track sales of properties and will pick up the sale price when issuing new assessments.

Miller, Miller & Canby has been challenging the assessments of various types of properties in Maryland for more than 30 years and has obtained substantial reductions in real property assessments for our clients. We have successfully appealed the assessments on office buildings, retail stores, senior living centers, warehouses, industrial sites, casinos, apartment buildings, golf courses and cemeteries. 
Michael Campbell
 is a partner in the litigation group at Miller, Miller & Canby.  In addition to trial and appellate advocacy, his practice focuses on real estate litigation and property tax assessment appeals.  Please feel free to contact Mr. Campbell at 301.762.5212 or send him an email for property tax guidance or to help reduce your commercial Maryland property tax assessment.  For more information about the firm’s Maryland property tax appeals practice and representative cases, click here.





Miller, Miller & Canby Announces Five Attorneys Named as 2019 DC Super Lawyers


Miller, Miller & Canby is pleased to announce our attorneys who have been named to the list of Super Lawyers in the D.C. Metropolitan area for 2019. Attorneys James Thompson, Jody Kline and Donna McBride have been once again selected for this honor, and attorneys Diane Feuerherd and Callie Carnemark have been named to the 2019 Rising Stars list, which recognizes attorneys under the age of 40.

2019 marks the 13th year that James (Jim) Thompson has been named to the list. He has led Miller, Miller & Canby's Litigation Group for more than 25 years, concentrating his practice in eminent domain and real estate valuation litigation, as well as in property tax assessment appeals. For more than a decade, Mr. Thompson represented Maryland in the Owners’ Counsel of America, a national network of property rights attorneys with demonstrated excellence in this area. In 2018, Mr. Thompson was recognized with the President's Citation for Outstanding Service by the Montgomery County Bar Association. He was also selected as the Senior Lawyer of the Year by the Maryland State Bar Association. 

Jody Kline has been a named Super Lawyer for each of the past 12 years, and has led Miller, Miller & Canby’s Land Development and Zoning practice group since 1981. He focuses his practice in land use, zoning and subdivision law and representing clients in many of Montgomery County’s planning and economic development initiatives. In addition to zoning and subdivision law, he represents clients in matters related to master planning, zoning text amendments, conditional use permits, building permit issuance, and other administrative and real estate matters related to land use and development.

Donna McBride has been a named Super Lawyer since 2014, and has been a partner in Miller, Miller & Canby’s Litigation practice since 2009. She focuses her practice in litigation in the following areas:  business and commercial, employment, estates and trusts, personal injury and insurance, as well as real estate. In 2019, Ms. McBride was admitted to the American College of Trial Lawyers as a Fellow. In addition to her background as a trial lawyer, Ms. McBride is a member of the Court of Appeals Standing Committee of Rules of Practice and Procedure, where she was appointed to serve a second 5-year term beginning in 2018. She is also a member of the Trial Court's Judicial Nominating Commission, the Montgomery County Inn of Court, a former co-chair and current member of the Maryland State Bar Association's Judicial Selections Committee and has volunteered as a mediator for the District Court since 2008. In 2018, she was elected to serve as Treasurer for the Montgomery County Bar Association, to serve the 2018-2019 term. 

2019 is the fourth year that attorney Diane Feuerherd has been named to the Super Lawyers “Rising Stars” list. She has briefed and successfully argued cases before the Court of Special Appeals and the Court of Appeals, including a notable representation of a commercial developer challenging the validity of Montgomery County’s Rain Tax.  Ms. Feuerherd is active in state and local bar associations, including:  the Maryland State Bar Association, where she was named a Fellow of the prestigious Leadership Academy and now serves on the Judicial Appointments Committee; the Bar Association of Montgomery County; and the Montgomery County Inns of Court. In 2016, she was appointed to a social media workgroup for the Judicial Council, which is a policy advisory body to the Maryland Judiciary. She has also worked with the Finding Justice Project, a committee of the Women's Bar Association Foundation, to research and memorialize the history of women lawyers. 

2019 is the first year that attorney Callie Carnemark has been recognized as a Super Lawyers “Rising Star.” An associate in the Litigation group, she focuses her practice on real estate and business litigation as well as the firm’s appellate practice. She is a member of the Montgomery County Inns of Court, the Montgomery County Bar Association, the Maryland State Bar Association and the Montgomery County Women’s Bar Association. She is a graduate of the 2017 Class of the Montgomery County Bar Association Leadership Academy. 

These five attorneys join other Miller, Miller & Canby attorneys previously named Super Lawyers including Joe Suntum, who practices in the field of eminent domain and commercial litigation, and Pat McKeever, whose practice focuses in real estate law.

Each year, Super Lawyers recognizes the top lawyers in the nation’s capital through a patented multiphased selection process which involves independent research, as well as peer nomination and review/evaluation. The objective is to create a comprehensive listing of exceptional attorneys to be used as a resource for both referring attorneys and consumers seeking legal counsel. Attorneys are selected from more than 70 practice areas and a variety of firm sizes. The lists are published annually in leading city and regional magazines and newspapers nationwide. In 2019 the DC list will be published in the June issue of Washington Lawyer magazine and The Washington Post Magazine on Sunday, April 21, which reaches more than 800,000 readers.

View the firm press release by clicking the Download button below.





2019 Women’s Bar Association Triennial Auction Raises More Than $80,000


The Triennial Auction of the Women’s Bar Association, held on March 9 at the Silver Spring Civic Center in Maryland, raised more than $80,000 this year. The majority of the proceeds will go to fund the association’s annual undergraduate and law school scholarship programs.   Miller, Miller & Canby was proud to support this year’s event as a table sponsor.  MMC attorney Callie Carnemark was the Auction Committee’s Donations Chair, serving alongside dozens of fellow members of the Montgomery County Bar. “I was honored to work with so many of my peers in support of the educational and community service initiatives of the Women’s Bar Association,” said Ms. Carnemark. “The work of the Association to support female attorneys is critical to our legal community.”

The Women's Bar Association of Maryland (WBA) is a specialty bar association of women and men supporting women in the legal profession and working for equal rights and opportunities for women in the legal profession and the community.  The WBA offers its members opportunities for personal and professional growth, networking and business development, and leadership.
 
Callie Carnemark
is an associate with the Litigation Practice Group at Miller, Miller & Canby. Ms. Carnemark focuses her practice on real estate and business litigation as well as the firm's appellate practice. She can be reached at ccarnemark@mmcanby.com or 301.762.5212.





Should Maryland Commercial Property Owners Complete Tax Questionnaires?


Every year, the Maryland Department of Assessments and Taxation (SDAT) is tasked with reassessing one-third of all commercial properties in the state.  In the year prior to the reassessment, SDAT is required to obtain income and expense information from the property owner.  The information allows the assessor to determine the value of the property using an income approach.  This approach determines value by taking gross income (e.g., rent, CAM reimbursements and other income), applying a vacancy rate and deducting property-related expenses such as maintenance, repairs, utilities, insurance, professional fees (attorney or accountant) and management fees.  The resulting net operating income (NOI) is then divided by an appropriate capitalization rate to reach a final value.

Types of SDAT Property Questionnaires
There are several different types of questionnaires issued by SDAT, each tailored to the type of property being reassessed.  These include apartments, hotels, assisted living facilities, nursing homes, cemeteries, garages and parking lots, mobile home parks, marinas, golf courses and commercial/industrial properties.  The owner is asked to complete the questionnaire and return it to the local Assessment Office by May 15.  

Are Property Tax Questionnaire Submissions Mandatory?
Property owners often inquire whether the submission of the questionnaire is mandatory, and what happens if the questionnaire is not returned.  The answer depends upon the value of the property.  For income-producing property that has a value in excess of $5,000,000, as listed on the assessment roll, the owner is subject to a statutory penalty for failing to produce the information.  The penalty is $100 per day up to a maximum equal to 0.1% of the value of the property.  For instance, a property assessed at $6,000,000 would be subject to a penalty up to $6,000 for the failure to submit the competed questionnaire.

Despite the statutory mandate, there can be instances where the property owner would rather incur a penalty than submit income and expense information to SDAT.  A classic example is where the property is under-assessed by a large margin and submission of the income information would likely cause a significant increase in the assessment. Conversely, a property owner who is not required to submit a questionnaire might want to do so in certain situations. In this instance, the property may be over-assessed and the income and expense information will educate the assessor and likely lead to a reduction in the assessment.

What Should Owner-Occupied Properties Submit?
For properties that are owner-occupied, there is no stream of rental income to report to SDAT.  In this situation, the owner should return the questionnaire without inserting the income and expense data and simply note: “Owner-Occupied.”  The Assessment Office will then estimate market rent and expenses in order to conduct an income approach to value. Occasionally, an owner will have a “friendly lease” with itself or a closely related entity that holds title to the property.  Since this is not an arms-length lease, the rental income should not be reported on the questionnaire because it is unlikely to reflect fair market rent.

Miller, Miller & Canby has been challenging the assessments of various types of properties in Maryland for more than 30 years and has obtained substantial reductions in real property assessments for our clients. We have successfully appealed the assessments on office buildings, retail stores, senior living centers, warehouses, industrial sites, casinos, apartment buildings, golf courses and cemeteries.  

Michael Campbell
is a partner in the litigation group at Miller, Miller & Canby.  In addition to trial and appellate advocacy, his practice focuses on real estate litigation and property tax assessment appeals.  Please feel free to contact Mr. Campbell at 301.762.5212 or send him an email for property tax guidance or to help reduce your commercial Maryland property tax assessment.  For more information about the firm’s Maryland property tax appeals practice and representative cases, click here.





MM&C Litigation Attorney Joseph Suntum Selected as Board Member of Owners’ Counsel of America


Miller, Miller & Canby litigation attorney, Joseph (Joe) Suntum, was nominated and selected as one of three new Board Members of Owners’ Counsel of America (OCA) for 2019.

"I have known all three of these individuals for a long time," says OCA Executive Director Leslie Fields, "and I am confident they will bring a tremendous amount of energy and enthusiasm to the task of leading this great organization."

Click here
to read the March 6, 2019 press release by The Owners' Counsel of America.

Joe Suntum
is a principal with Miller, Miller & Canby and leads the firm’s Eminent Domain and Condemnation Group. His decades of trial experience and his in-depth knowledge of real property valuation and the law of eminent domain allow him to protect his clients’ property rights and maximize compensation for his clients when their properties are targeted for condemnation. Mr. Suntum speaks regularly on issues pertaining to eminent domain practice. He is the Owners’ Counsel of America (OCA) member attorney for the State of Maryland. Membership in the OCA, a national network of experienced condemnation attorneys who represent property owners in federal, state and local condemnation proceedings, is restricted to only one member attorney per state.

U.S. News - Best Lawyers awarded Miller, Miller & Canby a “First-Tier” honor for its Eminent Domain and Condemnation practice. For information about Miller, Miller & Canby’s eminent domain and condemnation practice click here, or contact Mr. Suntum directly at 301.762.5212 or via email.





Donna E. McBride Admitted to American College of Trial Lawyers


Miller, Miller & Canby’s Donna McBride has become a Fellow of the American College of Trial Lawyers, one of the premier legal associations in North America.

The induction ceremony at which Ms. McBride became a Fellow took place on March 2nd before an audience of 570 during the recent Induction Ceremony at the 2019 Spring Meeting of the College in La Quinta, California. The meeting had a total attendance of 750.

Founded in 1950, the College is composed of the best of the trial bar from the United States and Canada. Fellowship in the College is extended by invitation only and only after careful investigation, to those experienced trial lawyers of diverse backgrounds, who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality. Lawyers must have a minimum of fifteen years trial experience before they can be considered for Fellowship.

Membership in the College cannot exceed one percent of the total lawyer population of any state or province. There are currently approximately 5,800 members in the United States and Canada, including active Fellows, Emeritus Fellows, Judicial Fellows (those who ascended to the bench after their induction) and Honorary Fellows. The College maintains and seeks to improve the standards of trial practice, professionalism, ethics, and the administration of justice through education and public statements on independence of the judiciary, trial by jury, respect for the rule of law, access to justice, and fair and just representation of all parties to legal proceedings. The College is thus able to speak with a balanced voice on important issues affecting the legal profession and the administration of justice.

Donna McBride
is a partner in Miller, Miller & Canby’s Litigation group, with a trial practice that is diverse and extensive. In her more than two decades of practice, she has tried hundreds of lawsuits throughout the state of Maryland and in the District of Columbia.

In addition to her background as a trial lawyer, Ms. McBride is a member of the Court of Appeals Standing Committee of Rules of Practice and Procedure, where she was appointed to serve a second 5-year term beginning in 2018. She is also a member of the Trial Court's Judicial Nominating Commission, the Montgomery County Inn of Court, a former co-chair and current member of the Maryland State Bar Association's Judicial Selections Committee and has volunteered as a mediator for the District Court since 2008. In 2018, she was elected to serve as Treasurer for the Montgomery County Bar Association, to serve the 2018-2019 term.

The newly inducted Fellow is an alumna of the American University Washington College of Law.

For more information about Donna McBride and Miller, Miller & Canby’s Litigation practice click here. View the firm press release by clicking the Download button below.
 





Property Owners Have Until Early February to Appeal New Maryland Property Tax Assessments


At the end of December, the Maryland Department of Assessments and Taxation (SDAT) issued new Assessment Notices to owners of one-third of all commercial and residential properties in Maryland.  For instance, in Montgomery County, commercial properties in Silver Spring and Wheaton were reassessed.  In Frederick County, commercial properties in Urbana and parts of Ijamsville and Frederick were reassessed.  In Prince George’s County, commercial properties in Greenbelt, College Park, Hyattsville, Oxon Hill, Temple Hills and Riverdale were reassessed.

Property owners have 45 days from the date of the Assessment Notice to challenge these new assessments.  Based on the notices we have seen this cycle, the appeal deadline is February 11, 2019, although this could vary depending upon the notice date.  The “first-level” appeal takes place at the local Assessment Office.  If the assessor refuses to reduce the assessment, the owner may file a further appeal to the county’s Property Tax Assessment Appeals Board (PTAAB).   This Board will consider the evidence and issue a written decision, usually within two weeks.  If the property owner is still dissatisfied, another appeal may be filed to the Maryland Tax Court.

Miller, Miller & Canby has been challenging the assessments of various types of properties in Maryland for more than 30 years and has obtained substantial reductions in real property assessments for our clients.  Our litigation attorneys regularly represent clients before the local Assessment Office, PTAAB and the Maryland Tax Court.  We have successfully appealed the assessments on office buildings, retail stores, senior living centers, warehouses, industrial sites, casinos, apartment buildings and cemeteries.  Let us help you reduce your Maryland property assessments in 2019.

Michael Campbel
l is a partner in the litigation group at Miller, Miller & Canby.  In addition to trial and appellate advocacy, his practice focuses on real estate litigation and property tax assessment appeals.  Please feel free to contact Mr. Campbell at 301.762.5212 or send him an email for property tax guidance or to help reduce your commercial Maryland property tax assessment.  For more information about the firm’s Maryland property tax appeals practice and representative cases, click here.
 





MM&C’s Joe Suntum and James Roth Set to Speak at ALI’s Eminent Domain and Land Valuation Litigation


Two of Miller, Miller & Canby’s eminent domain attorneys will join the national Eminent Domain and Land Valuation Litigation 2019 Conference as presenters. The annual conference is the country’s preeminent gathering of eminent domain professionals. The conference brings together “national experts on the cutting edge of eminent domain and related topics under one roof," said planning co-chair, Robert H. Thomas.

Mr. Suntum will speak to “Tips and Traps for the New Eminent Domain Lawyer”. Mr. Suntum is a principal at Miller, Miller & Canby with decades of trial experience, and he is the firm’s eminent domain practice group leader. He is the Owners’ Counsel of America member attorney for the state of Maryland.  The Owners’ Counsel is a national network of seasoned eminent domain attorneys; membership is selective and restricted to only one member attorney per state.  Mr. Suntum is a nationally-recognized speaker on topics related to eminent domain and condemnation and lectures extensively throughout the country for a variety of legal and educational organizations.

Mr. Roth will address “Fence and Wall Condemnations.” Prior to becoming an attorney and joining Miller, Miller & Canby, Mr. Roth spent over a decade consulting U.S. Customs and Border Protection (CBP) to manage land acquisition required for numerous facilities and border infrastructure construction projects, including some 600 miles of fence construction initiated under the Bush administration.  In that role, he supported attorneys from the U.S. Department of Justice, U.S. Army Corps of Engineers and CBP in the litigation of over 300 eminent domain cases across the U.S./Mexico Border.

In addition to private practitioners, faculty will include law professors, government officials and members of the judiciary.  

Other conference highlights will include:
• Navigating displacement of immigrant and refugee
communities
• A look at the Supreme Court's revisit of ripeness
• Flood, wildfire, and other inverse cases
• Proving just compensation for loss of access and damages
• Correcting misconceptions about eminent domain in the media and social platforms
• Pipelines, challenging the take, and compensation pitfalls

The 2019 conference will be held in Palm Springs, California, January 24-26.  For more information click here.

For more information about Miller, Miller & Canby’s eminent domain practice, click here, or contact Joe Suntum or James Roth at 301-762-5212.





Five Miller, Miller & Canby Attorneys Named 2019 Maryland Super Lawyers


Miller, Miller & Canby is proud to announce the following five attorneys have been named to the 2019 list of Super Lawyers for the State of Maryland:  James Thompson, Jody Kline, Donna McBride, Diane Feuerherd and Callie Carnemark. Mr. Thompson has been named to the prestigious list every year since 2007, Mr. Kline every year since 2008 and Ms. McBride every year since 2014. Ms. Feuerherd and Ms. Carnemark are named to the “Rising Stars”, recognition for attorneys under the age of 40.
 
James (Jim) Thompson
has led Miller, Miller & Canby's Litigation Group for more than 25 years, concentrating his practice in eminent domain and real estate valuation litigation, as well as in property tax assessment appeals. For more than a decade, Mr. Thompson represented Maryland in the Owners’ Counsel of America, a national network of property rights attorneys with demonstrated excellence in this area. In 2018, Mr. Thompson was recognized with the President's Citation for Outstanding Service by the Montgomery County Bar Association. He was also selected as the Senior Lawyer of the Year by the Maryland State Bar Association.

Jody Kline
has been at the forefront of Miller, Miller & Canby’s Land Development department since 1981, focusing his practice in land use, zoning and subdivision law and representing clients in many of Montgomery County’s planning and economic development initiatives. In addition to zoning and subdivision law, he represents clients in matters related to master planning, zoning text amendments, conditional use permits, building permit issuance, and other administrative and real estate matters related to land use and development.

Donna McBride
, a partner in Miller, Miller & Canby's Litigation practice, focuses her practice in litigation in the following areas:  business and commercial, employment, estates and trusts, personal injury and insurance, and real estate.  In addition to her extensive background as a trial lawyer, Ms. McBride is a co-chair of the Maryland State Bar Association’s Judicial Selections Committee and is a member of the Standing Committee on Practice and Procedures, where she was appointed to serve a second 5-year term beginning in 2018. She is also a member of the Trial Court's Judicial Nominating Commission, the Montgomery County Inn of Court, a former co-chair and current member of the Maryland State Bar Association's Judicial Selections Committee and has volunteered as a mediator for the District Court since 2008. In 2018, she was elected to serve as Treasurer for the Montgomery County Bar Association.

Diane Feuerherd
is an associate in the firm’s Litigation practice. She has briefed and successfully argued cases before the Court of Special Appeals and the Court of Appeals, including a notable representation of a commercial developer challenging the validity of Montgomery County’s Rain Tax.  Ms. Feuerherd is active in state and local bar associations, including:  the Maryland State Bar Association, where she was named a Fellow of the prestigious Leadership Academy and now serves on the Judicial Appointments Committee; the Bar Association of Montgomery County; and the Montgomery County Inns of Court. In 2016, she was appointed to a social media workgroup for the Judicial Council, which is a policy advisory body to the Maryland Judiciary. She has also worked with the Finding Justice Project, a committee of the Women's Bar Association Foundation, to research and memorialize the history of women lawyers. 2019 is the fourth year in a row that she has been recognized as a Super Lawyers Rising Star.

Callie Carnemark
is an associate with the Litigation Practice Group, focusing her practice on real estate and business litigation as well as the firm’s appellate practice. She is a member of the Montgomery County Inns of Court, the Montgomery County Bar Association, the Maryland State Bar Association and the Montgomery County Women’s Bar Association. She is a graduate of the 2017 Class of the Montgomery County Bar Association Leadership Academy. 2019 is the first year Ms. Carnemark is being honored as a Super Lawyers Rising Star.

These five attorneys join other Miller, Miller & Canby attorneys previously named Super Lawyers including Joe Suntum, who practices in the field of eminent domain and commercial litigation, and Pat McKeever, whose practice focuses in real estate law.

Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement

The annual selections are made using a patented multiphase process that includes:
•    Peer nominations
•    Independent research by Super Lawyers
•    Evaluations from a highly credentialed panel of attorneys

The objective of Super Lawyers is to create a credible, comprehensive and diverse listing of exceptional attorneys to be used as a resource for both referring attorneys and consumers seeking legal counsel. The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country, as well as the Maryland Super Lawyers Digital Magazine.

Learn more about Miller, Miller & Canby by visiting millermillercanby.com
 





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