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
 





Is Your Commercial Lease Boat Ready for a Condemnation Storm?


Think of your commercial property lease as a boat for a moment, and condemnation by the government as a storm – is your lease ready for a condemnation storm?  The most basic level of preparedness, the equivalent of having the right number of reliably functional life jackets, is to have an effective Condemnation Clause in your lease.  Just as many boat owners and passengers do not give their life jackets a second thought in advance of a voyage, the same is true of Condemnation Clauses.  Then when a condemnation storm unexpectedly hits the property, landlords and tenants reach for the lease only to find they are not adequately covered by the Condemnation Clause, or worse, there is no Condemnation Clause.

Ambiguous Condemnation Clause – A Faulty Life Jacket
Ideally, the Condemnation Clause in a commercial lease will provide clear guidance for the landlord and tenant in the event the property faces eminent domain before the lease expires.  What is the difference between condemnation and eminent domain you may ask?  While “eminent domain” is the constitutional power of the government to take all or a portion of a privately owned property for public use in exchange for just compensation, “condemnation” is the term used for the act of exercising that power, the process of the taking itself.  Unfortunately, not all Condemnation Clauses are clearly drafted, leaving landlords and their tenants to litigate over the ambiguities, where they could otherwise be working together to weather the storm.  Taking an adversarial position to resolve ambiguities is costly, time-consuming and can take a toll on valued long-standing business relationships.  Better to have condemnation contingencies clearly framed at the outset of the lease.

Condemnation Triggers Lease Termination – Don the Life Jacket
The primary guidance the Condemnation Clause provides landlords and tenants is to affirm the circumstances under which condemnation triggers the lease’s termination; whether the lease will terminate only by a complete taking or also by a partial taking of the property. The Condemnation Clause should also define the apportionment of the just compensation proceeds, if any, between the landlord and tenant.  Regardless of whether the tenant is entitled to a share of any proceeds under the lease, the government will still pay the tenant’s relocation expenses, including a portion of the tenant’s resulting increased rent at a comparable new location.  The tenant may also be compensated for certain improvements (fixtures) to the property the tenant installed, but cannot relocate to a new space.

Complete or Partial Takings – The Type of Storm Matters
The complete taking of a property through eminent domain will terminate a tenant’s leasehold interest in the property, just as it will terminate the landlord’s ownership interest.  A Condemnation Clause will provide how the compensation paid by the government will be allocated between the landlord and tenant.

If only a portion of a property is taken, a good Condemnation Clause will state whether either the tenant or landlord may terminate the lease and under what circumstances.  The partial taking may only impact property value, or it could render the property unable to function as currently used, thus triggering lease termination.  A partial taking scenario raises many challenging questions that a thoughtfully-drafted Condemnation Clause should address, including:  Will the lease continue if there is a partial taking, or will even a partial taking trigger automatic lease termination, making it indistinguishable from a complete taking?  Will the lease continue at the landlord’s option, or will the tenant get to decide whether to continue based upon its own assessment of whether its use of the property is significantly impaired?  Will there be a pre-agreed rent abatement as incentive for the tenant to remain, or perhaps a pre-agreed apportionment of the just compensation proceeds between the landlord and tenant?

No Condemnation Clause – No Life Jacket
Where there is no Condemnation Clause, the lease is still terminated by operation of law if there is a complete taking of the property, and no further rent is owed by the tenant.  However, the question of whether the tenant shares in the condemnation award is left open, which leaves the landlord and tenant to litigate the apportionment of the condemnation proceeds.  In a partial taking, the absence of a Condemnation Clause leaves many other unanswered questions, the foremost being whether the lease is terminated or if it may be terminated by either party.  There is no reason to allow this degree of unpreparedness, which can be easily avoided with a Condemnation Clause.

Prepare For the Storm Before It Comes
Hopefully the message is clear – if a condemnation storm hits your property, a Condemnation Clause is as imperative to a lease as life jackets are to a boat.  However, having one in your lease is not enough; you must also ensure that it is unambiguous and that it adequately addresses the challenging questions raised in the event of a taking.

Because of the competing interests between a landlord and tenant, the terms and conditions of Condemnation Clauses vary widely.  What is important is that the impact of a future condemnation be considered when the lease is negotiated.

James (Jamie) Roth
is an associate in Miller, Miller & Canby’s Litigation Practice Group where he concentrates his practice on real estate litigation with a focus in eminent domain, as well as business and commercial litigation.

Whether you are a landlord or a tenant, contact Jamie Roth at 301-762-5212 to discuss your Condemnation Clause, or if you have learned that the government may be taking all or a portion of your property. For more information on Miller, Miller & Canby’s Eminent Domain and Condemnation Law Practice and representative cases, click here.
 





Deadline Approaching to Reduce Property Taxes in Maryland


All properties in Maryland are assessed on a three-year tax cycle. If an appeal is not filed at the beginning of the cycle, a property owner loses the right to challenge the full three-year cycle but may still appeal the assessment for the remaining years. This appeal deadline is December 31. By filing a petition for review, a property owner can have a State assessor review whether a reduction is warranted. Typical grounds for requesting a reduction include tenant vacancies, decreases in rental income, sales of comparable properties at reduced values, and elimination of structures or improvements. An appeal might also be warranted where the owner simply missed the February deadline to appeal the assessment for the full three-year cycle.

At the end of December, the Maryland Department of Assessments and Taxation (SDAT) will issue new assessment notices to owners of one-third of all commercial and residential properties in Maryland. In Montgomery County, commercial properties in Kensington, Silver Spring and Wheaton will be reassessed. In Frederick County, commercial properties in Urbana, Ijamsville and parts of Frederick will be reassessed, while in Prince George’s County commercial properties in Greenbelt, College Park, Hyattsville and Riverdale can expect new assessments. Property owners have 45 days from the date of the assessment notice to challenge these 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.
 





MD Appellate Blog: Introducing the Applicants for the Court of Appeals and Court of Special Appeals


Miller, Miller & Canby litigation attorney, Diane Feuerherd, authored a recent Maryland Appelate Blog which introduced the applicants for the Court of Appeals and Court of Special Appeals based on three vacancies on Maryland’s appellate courts, arising from the forthcoming retirements of Judge Sally D. Adkins of the Court of Appeals, Chief Judge Patrick L. Woodward of the Court of Special Appeals, and Judge Deborah Sweet Eyler of the Court of Special Appeals.

Click here
to read the full blog article.

In December 2017, Ms. Feuerherd joined the joined the Maryland State Bar Association’s Maryland Appellate Blog as its Blog Manager. Founded in 2013, the Maryland Appellate Blog is sponsored by the MSBA Litigation Section, and is dedicated to disseminating information about appellate practice and appellate law. The blog covers news from Maryland’s Court of Appeals and Court of Special Appeals, as well as the U.S. Supreme Court and U.S. Court of Appeals for the Fourth Circuit. It features commentary from a number of contributors and guest authors, including coverage of notable arguments, practice tips, commentary on implications of specific rulings or trends, and interviews with appellate judges.

Diane Feuerherd
is an associate in Miller, Miller & Canby’s Litigation Practice Group and focuses her practice in appellate, commercial and business litigation. She has successfully represented individuals, property owners, and businesses in a variety of matters ranging from administrative hearings before the Board of Appeals of Montgomery County, to trials in state and federal courts, and to appeals before the Court of Special Appeals and Court of Appeals. She may be reached at 301-762-5212.





MM&C Attorneys James Thompson and Jody Kline Honored for the 13th Year as Best Lawyers in America


Best Lawyers® released the 25th Edition of Best Lawyers in America on August 15, 2018. Miller, Miller & Canby’s Jim Thompson and Jody Kline have been recognized on the Best Lawyers list in their respective areas of practice every year since first being named in 2007. Mr. Thompson has been recognized for Eminent Domain and Condemnation Law and Mr. Kline for Land Use and Zoning Law. In 2013, Mr. Thompson was also named a “Best Lawyer of the Year” for his accomplishments. This prestigious award is a testament to their long-standing reputations for their individual legal abilities and professionalism.  

Jim Thompson has been a leader in Miller, Miller & Canby's Litigation Group for more than 35 years, concentrating his practice in eminent domain (with partner Joe Suntum) and in real estate valuation litigation, as well as in property tax assessment appeals (with partner Mike Campbell) and general civil litigation. For more than a decade, Mr. Thompson represented Maryland as the sole member in the Owners’ Counsel of America, a national network of property rights attorneys with demonstrated excellence in this area, focusing upon the representation of landowners in eminent domain litigation. Currently Mr. Suntum is the selected member for the state of Maryland. With Mr. Thompson’s breadth of legal experience, proven results, mature judgment, and tenured leadership within the judicial system and the bar, having served as president of the Maryland State Bar Association, he brings the ideal blend of proven trial experience and legal skill to client representations.

Jody Kline has led 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. His clients include residential and commercial developers, private individuals, religious institutions, private schools, non-profit entities and municipal corporations and agencies.

Best Lawyers® is the oldest and most respected attorney ranking service in the world. For more than 30 years, the organization as assisted those in need of legal services to identify the attorneys best qualified to represent them in distant jurisdictions or unfamiliar specialties. Best Lawyers lists are published in leading local, regional, and national publications across the globe.

For more information about Jim Thompson and Miller, Miller & Canby’s Eminent Domain and Condemnation Law practice click here or for information about Jody Kline and Miller, Miller & Canby's Land Use and Zoning Law practice click here. View the firm press release by clicking the Download button below.





New Maryland Law Imposes Liability on General Contractor for Subcontractor's Failure to Pay Wages


Maryland general contractors be alert!  Effective October 1, 2018, Maryland law imposes new liability on general contractors for unpaid wages on a project.  The General Contractor Liability for Unpaid Wages Act (the “Act”) is modeled on a recent District of Columbia law.  The law is designed to ensure that subcontractors comply with state wage laws and pay their employees in a timely manner. If the subcontractor fails to pay as required, the general contractor will now be jointly and severally liable for such failure in accordance with Maryland wage & hour laws, which can include punitive (treble) damages and attorney’s fees. The Act also applies to sub-subcontractors on down, which means a general contractor can be liable for wage violations at any tier of a project.

General Contractor Should Include Indemnification Clause in Subcontract

The Act requires the subcontractor to indemnify the general contractor for "any wages, damages, interest, penalties, or attorney's fees owed as a result of the subcontractor's violation," unless indemnification is provided for in a contract between the general contractor and the subcontractor, or if the subcontractor was unable to pay its employees because the general contractor failed to pay the subcontractor as required. An indemnification clause should be written into the subcontract for added security, although this will only be beneficial if the subcontractor is solvent and has the ability to reimburse the general contractor.  If the subcontractor goes out of business or declares bankruptcy, the general contractor is fully on the hook for damages.  

General Contractor Should be Selective with Subcontractors

In light of this new risk, the general contractor should be selective in awarding projects to subcontractors.  The general contractor would be wise to avoid contracting with unknown companies unless a bond or other security is posted by the subcontractor.  Additionally, the subcontract should require the subcontractor to produce on demand its certified payroll records to prove compliance with wage laws.

Michael Campbell
is a partner in the litigation group at Miller, Miller & Canby. He focuses his practice on commercial, real estate and construction litigation.  Please feel free to contact Mr. Campbell at 301.762.5212 or send him an email for an inquiry.  For more information about the firm’s litigation practice, click here. For more information about the firm’s business and contract law practice, click here.





Michael Campbell Selected President-Elect of American Inns of Court for Montgomery County


Miller, Miller & Canby Litigation Attorney Michael Campbell was nominated and selected as President-Elect of the Montgomery County Chapter of the American Inns of Court.  Mr. Campbell currently serves as Treasurer of the chapter and will begin his term as President in June 2019.  The American Inns of Court is a national association of lawyers, judges and other legal professionals who share a passion for legal excellence.  Through monthly meetings, the chapter 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.

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 litigation matters.  For more information about the firm’s litigation practice, click here.
 





Maryland Appellate Blog: COSA Spotlight on Judge Andrea Leahy


Miller, Miller & Canby Litigation Attorney, Diane Feuerherd, co-authored a recent Maryland Appelate Blog which is part of a continuing series profiling members of the Court of Special Appeals. She and her co-author, Steve Klepper, interviewed Judge Andrea Leahy, one of the eight At-Large Judges of our intermediate appellate court, in her chambers on Rowe Boulevard in Annapolis.

Click here to read the full article.

In December 2017, Ms. Feuerherd joined the joined the Maryland State Bar Association’s Maryland Appellate Blog as its Blog Manager. Founded in 2013, the Maryland Appellate Blog is sponsored by the MSBA Litigation Section, and is dedicated to disseminating information about appellate practice and appellate law. The blog covers news from Maryland’s Court of Appeals and Court of Special Appeals, as well as the U.S. Supreme Court and U.S. Court of Appeals for the Fourth Circuit. It features commentary from a number of contributors and guest authors, including coverage of notable arguments, practice tips, commentary on implications of specific rulings or trends, and interviews with appellate judges.

Diane Feuerherd is an associate in Miller, Miller & Canby’s Litigation Practice Group and focuses her practice in appellate, commercial and business litigation. She has successfully represented individuals, property owners, and businesses in a variety of matters ranging from administrative hearings before the Board of Appeals of Montgomery County, to trials in state and federal courts, and to appeals before the Court of Special Appeals and Court of Appeals. She may be reached at 301-762-5212.





Miller, Miller & Canby Welcomes New Litigation Attorney James Roth


Miller, Miller & Canby is pleased to welcome James (Jamie) Roth to the firm’s Litigation Practice Group, where he will concentrate his practice in real estate litigation with a focus in eminent domain, as well as business and commercial litigation.

“Miller, Miller & Canby’s litigation practice has a long-standing commitment of serving businesses and property owners in our community,” said senior litigation partner James Thompson. “The addition of Jamie, with his comprehensive public and private sector experience, will help us to further expand the breadth of our services during a critical time of growth in the Washington, D.C. metropolitan area.”

Mr. Roth enjoyed a distinguished career as a successful real estate consultant, including more than twenty years of experience in project management, strategic planning, asset management and risk mitigation.

Prior to joining Miller, Miller & Canby, Mr. Roth was a Senior Consultant for LMI Government Consulting, where he served eleven years as a Real Estate Program Manager to his client, U.S. Customs and Border Protection (CBP), a component agency of the Department of Homeland Security. As an advisor to CBP, Mr. Roth worked closely with realty specialists from the U.S. Army Corps of Engineers (USACE), overseeing the real estate clearance process required for mission critical facility and border security infrastructure construction projects undertaken by CBP's Border Patrol and Air & Marine Program Management Office. In that capacity, he coordinated eminent domain litigation efforts, and supported counsel from CBP, Department of Justice and USACE.

Mr. Roth was awarded a civilian public service medal by Department of the Army for his key role in effecting more than 400 property acquisitions to successfully construct over 600 miles of border fence by 2009. Mr. Roth is also a former U.S. Coast Guard officer. His decorated service included three years as a civil engineer managing the myriad facilities requirements of 24 USCG stations along the Gulf Coast, and three years as Chief Engineer and third-in-command of a 210-foot Cutter in Miami Beach, Florida.

Mr. Roth is admitted to practice law in the state of Maryland. In addition to his law degree from The Catholic University's Columbus School of Law, he holds a MBA from Georgetown University, a B.S. in Civil Engineering from The United States Coast Guard Academy, and is a Certified Project Management Professional (PMP).

Click the download button below to view the firm's formal press release. For more information about Miller, Miller & Canby’s Litigation Practice, click here or contact Jamie at 301-762-5212.





James L. Thompson Awarded a President’s Citation at Montgomery County Bar Association Annual Meeting


Miller, Miller & Canby’s James Thompson was honored, along with Larry Shulman of Shulman Rogers and Mark Goldstein of Paley Rothman, with a President’s Citation for Outstanding Service on Friday, May 4. The three attorneys each received the award at the 2018 Annual Meeting and Law Day Celebration of the Montgomery County Bar Association in Bethesda, Maryland. The men were recognized for re-establishing and bringing new energy to the Senior Lawyers Society of the Montgomery County Bar Foundation.

The Montgomery County Bar Foundation was established to support the Bar Association of Montgomery County, to help educate legal professionals and the general public, and to provide pro bono legal services and charitable support to the community.  The Senior Lawyers Society was formed to support senior lawyers in the county so they may continue to be active and to contribute to the legal community and the public. It has quickly become the fastest-growing section of the Bar Association.

After a morning of informative programming, the honorees each received their Citation during a special luncheon featuring keynote speaker U.S. Deputy Attorney General Rod J. Rosenstein.

Mr. Thompson’s distinguished career has spanned more than 45 years, during which he has served clients and the legal community. He concentrates his practice in eminent domain, real estate valuation litigation, tax assessment appeals, and civil litigation involving complex real estate and commercial disputes. He has led the litigation practice group at Miller, Miller & Canby for more than 25 years. He may be reached at 301.762.5212 or via email.

Pictured from left to right:
Mark Goldstein, Paley Rothman; Jim Thompson, Miller, Miller & Canby; Larry Shulman, Shulman Rogers; and Lauri Cleary, Lerch, Early & Brewer (Montgomery County Bar Foundation President)





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