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Judge Abrams Orders Illegal Transaction

This is from a reader...

On July 12, 2006 Judge Karen H. Abrams ordered the specific performance of a contract which, if performed, would transfer illegally subdivided land in St. Mary�s County, Maryland(Case # 18C05000085). She was fully aware that the land was illegally subdivided when she issued the court order. The Maryland Court of Special Appeals affirmed her decision on October 18, 2007 (Case 916/2006), despite also being made abundantly aware that the land in question was illegally subdivided. The mandate from the MD Court of Special Appeals has not been issued as of yet, but when it does come down, it has the effect of forcing two parties to commit an illegal act.

An unreported appellate opinion regarding this very same "illegal subdivision/specific performance" problem was issued by the Maryland Court of Special Appeals on July 28, 2006 (Ellis v. Delauter 83/2005).

The St. Mary's County Subdivision Ordinance (http://www.co.saint-marys.md.us/lugm...nordinance.pdf), Section 10.7 states that until a subdivision plat is approved, it is illegal for a lot to be 'sold or transferred'.

Maryland Law is clear that a court cannot enforce an illegal contract. Futhermore, a contract is illegal 'if either the formation or the
performance thereof is prohibited by constitution or statute.' Thorpe v. Carte, 252 Md. 523, 529 (1969)

This basically amounts to the court taking the St. Mary's County Subdivision Ordinance, shredding it and throwing it in the garbage. What are laws if the courts will not enforce them or even abide by them themselves? It would seem that according to this new legal precedent, an individual could subdivide their land by deed, any which way that they want to, then sell off the illegally subdivided lots...All of this without the submission, approval, or recordation of a final subdivision plat.

This could open up a whole new realm of possibilities for developers in St. Mary's County.

--- Robin