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Miller, Miller & Canby Litigators Joe Suntum and Benjamin Schneider Prevail in Landmark Eminent Domain Jury Trial

Posted October 8, 2025 at 7:54 PM

Eminent Domain and Condemnation, Litigation, MM&C Happenings, News & Events, Press, Real Estate

Complex Case Involved Condemnation of Residential Property for County Airport

MM&C litigation attorneys, Joe Suntum and Benjamin Schneider, recently prevailed in a complex “avigation easement” case for clients in Carroll County, Maryland, in Commissioners of Carroll County vs. Kathleen O’Connor, et al. C-06-CV-23-000315.

The firm’s clients in this matter own a 79-acre property upon which they constructed their dream home. Twenty years ago—and 6 months after they completed construction and moved in—the County informed them it planned to relocate and lengthen the runway to the County airport, which would require the condemnation of their entire property. Once the airport expansion plans were announced, the clients could not sell their property or move on with their lives. Although the County advised it would be acquiring the entire property, it never did, keeping the owners in limbo as it proceeded with plans.

The first Environmental Assessment, which included the extension of the airport runway to 6,400 feet and the complete acquisition of the property, was completed in 2009. But the County commissioners changed and neighbors objected, so the County revised its plans to shorten the extension of the runway to 5,500 feet, which would move the clients’ property out of the Runway Protection Zone (RPZ) and would only require the fee simple acquisition of 1/3 of an acre and an avigation easement over the remaining 78 acres.  The County offered $268,500 for the 1/3-acre fee simple acquisition and 78-acre avigation easement.

Miller, Miller & Canby’s clients refused to settle for a partial taking, as they contended, they did not want to be left with the remainder. The taking would destroy the value of the property and they would be lucky to find anyone interested in buying it.

The County modified its project and broke its plan to lengthen the runway into two phases, with Phase 1 only extending the runway to 5,500 feet, but retaining the ultimate extension to 6,400 feet as Phase 2, to be pursued at some undesignated time in the future (“far future” according to the County). The County contended Phase 1 would only require an avigation easement over the clients’ property.

In 2018, the County went through a second Environmental Assessment process for the reduced project. The assessment concluded that due to the impact on the property, the County should acquire the clients’ entire property in Phase 1. But the County refused to do so, instead raising its settlement offer to $400,000 for the partial taking. The clients maintained their refusal to settle based on a partial taking. The County rejected this, and the case went to trial.

The County’s appraiser opined that the “Before Value” of the entire property was $3.2 million and the “After Value” of the remainder was $2,555,000, so the “just compensation” due to the clients was $645,000. Prior to trial, the County increased its offer to $700,000. The Miller, Miller & Canby team did not counter, as its clients were not interested in settling based on a partial taking.

The appraiser retained by Miller, Miller & Canby opined that the Before Value of the entire property was $4.2 million and the After Value of the remainder was $2.0 million; therefore, the just compensation due was $2.2 million.

Although the clients agreed with this appraiser’s opinion as to the Before Value, they did not think they would be able to sell the remainder for anywhere near $2 million. The client testified that the value of the remainder was “under $1 million,” which would require just compensation of at least $3.2 million.
 
Miller, Miller & Canby litigators Suntum and Schneider instructed the jury that they should award $3,500,000 as just compensation. In closing, Suntum argued that the County had the ability to guarantee that it would not have to pay a single dime more than its constitutional obligation to pay just compensation. If the County actually believed the remainder was as valuable as it contended, it could have acquired the entire property and sold the remainder itself to recover the funds. Its net cost would be exactly the just compensation it was required to pay. Essentially, the County’s refusal undermined its credibility.

The jury returned an inquisition in the amount of $3,500,000.

“We are very pleased with the outcome of this trial and grateful to the jury for their time, attention to detail and commitment to the process,” said Suntum. “These property owners did nothing wrong, and were only here because the government wanted to acquire their property for its project. This was their only chance to receive full just compensation, which will ultimately help them move forward.”

Read more about the case here.

Since the firm was founded in 1946, Miller, Miller & Canby has been protecting client rights when their property interests are threatened, or taken, by governmental authorities for public use. To learn more about the firm’s Eminent Domain and Condemnation practice, click here.

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