WIRELESS ONE, INC.
MAYOR AND CITY COUNCIL OF BALTIMORE CITY
Circuit Court for Baltimore City Case No. 24-C-17-003125
Meredith, Arthur, Beachley, JJ.
2004 until February 8, 2017, Wireless One, Inc.
("Wireless"), appellant, leased space in the Cross
Street Market ("the Market") in Baltimore City from
the owner of that facility, Mayor and City Council of
Baltimore ("the City"), appellee. As of 2016,
Wireless occupied the space pursuant to a month-to-month
lease. In late 2016, a rental agent for the Market advised
Wireless that its business did not fit into the long-term
vision for the Market, and that it should pursue other
options. Wireless vacated the Market on February 8, 2017, and
thereafter sued the City, in the Circuit Court for Baltimore
City, claiming damages for being displaced. The circuit court
granted the City's motion to dismiss, and this appeal
presents the following questions for our review:
1. Was Wireless a displaced person pursuant to Real Property
2. Did Wireless state a cause of action for an
reasons set forth below, we shall affirm the circuit
AND PROCEDURAL BACKGROUND
Cross Street Market was established in Baltimore City in
1847. At all times since 1847, the Market has been owned and
operated by the City. Since 1994, Baltimore Public Markets
Corporation ("Markets Corporation") has assisted
the City in managing and operating the Cross Street Market
and other markets in Baltimore.
2004, Wireless leased space in the Market to operate a stall
for its retail business of providing sales and service of
cellular phones. Wireless occupied the space pursuant to
various leases, but, as of 2016, was occupying the space
pursuant to a month-to-month lease.
November 9, 2016, the City and its management company for the
Market entered into a Management Agreement with Caves Valley
Partners and CSM Ventures, LLC, a subsidiary of Caves Valley
Partners, to operate the Market and undertake redevelopment
of the Market. The Management Agreement empowered CSM
Ventures, LLC, to lease portions of the Market and to
terminate existing tenancies.
December 21, 2016, a Caves Valley Partners representative,
Nick Alevrogiannis, sent an e-mail to occupants of the
Market, including Wireless, with an update on plans for
redeveloping the Market. The e-mail reads, in part:
[O]n January 9th, most of you will receive a Letter of
Intent, along with current draft space plans for the new
market, for your review and consideration as prospective
tenants. There are a very limited number of tenants who we
know will not fit in the plans. Those tenants have been