DOUGLAS C. MYERS
BOARD OF COMMISSIONERS FOR CARROLL COUNTY, ET AL.
Circuit Court for Carroll County Case No. 06-C-17-073432
Wright, Kehoe, Raker, Irma S., (Senior Judge, Specially
dispute arises out of a challenge to the location of the
border between Baltimore County and Carroll County. On April
26, 2017, Douglas Myers, appellant, filed an action for
declaratory relief in the Circuit Court for Carroll County
against the appellees, Board of Commissioners for Carroll
County, Maryland, and Baltimore County, Maryland. Myers
specifically requested that the circuit court change the line
between the counties from its current location to one that he
alleged was consistent with the General Assembly's intent
at the time Carroll County was created. In response,
appellees filed a motion to dismiss Myers's claim. Upon
determining that it did not have jurisdiction over
Myers's claim, the circuit court granted appellees'
motion to dismiss.
now challenges the circuit court's order and presents the
following question for our review, which we have reworded and
consolidated for clarity:
1. Whether the circuit court erred in dismissing Myers's
action for declaratory relief for lack of jurisdiction?
reasons provided below, we answer this question in the
negative and affirm the circuit court's judgment.
challenge to the location of the border between Carroll
County and Baltimore County arose from his ownership of land
located at the border. This case represents the third time that
Myers has pursued litigation against appellees regarding the
proper location of the border.
December 16, 2002, Allender Property, LLC
("Allender"),  received a Concurrency Management
Certificate ("CMC") from Carroll County. The CMC
permitted Allender to build a residential community on the
land at issue in the instant dispute. But on June 10, 2003,
Carroll County adopted an ordinance suspending the approval
of "all residential development plans which had not yet
received formal approval from the Carroll County Planning
Commission." Allender's development plan had not
received approval from the County and was therefore
three years later, Allender filed a lawsuit against Carroll
County in the Circuit Court for Carroll County. In its
complaint, Allender alleged that it suffered financial
injuries because of Carroll County's refusal to honor its
CMC. On March 11, 2009, Allender and the Board of County
Commissioners of Carroll County entered into a Settlement
Agreement and Mutual Release to resolve the lawsuit. Therein,
Allender agreed to "dismiss with prejudice all claims
and controversies at issue in the litigation in exchange for
payment in the amount of [$1 million], less amounts that
[Myers and Allender] owed to the County."
2007, Allender filed a lawsuit against appellees in the
Circuit Court for Baltimore County. In its "Complaint
for Declaratory Judgment, Injunctive Relief, and Writ of
Survey," Allender sought "a declaration from [the
circuit court] regarding the legal location of the political
boundary . . . between Baltimore County and Carroll County .
. . ."
alleged that the original boundary was established by the
General Assembly in 1835 and was intended to be a straight
line. See 1835 Md. Laws, Chapter 256; confirmed
by 1836 Md. Laws, Chapter 19 (Jan. 19, 1937). Allender
then pointed out that the General Assembly commissioned a
survey to mark the boundary in 1840, see 1840 Md.
Laws, Chapter 10 (Jan. 8, 1841), and that this survey was
completed by Amon Richards in 1841. Allender argued that the
results of Amon Richards's survey were "not
accurate." Though the land in dispute was being
"regulated and taxed by Baltimore County," Allender
asserted that the land should have been under the
jurisdiction of Carroll County. Allender therefore requested
that the circuit court "declare that . . . the correct,
legal [b]oundary between Baltimore County and Carroll County
is the line [established in] 1835[.]"
2007 lawsuit concluded on August 24, 2007, when the parties
agreed to file a voluntary dismissal of the complaint without
prejudice. In response to Allender's contentions
regarding Amon Richards's survey, appellees jointly
prepared a "Retracement of the Survey enacted by the
Maryland General Assembly in Chapter 10 of the Acts of
1840," ("Retracement Survey") in 2008. To
conduct the Retracement Survey, "surveyors interpreted
the General Assembly's intent and provided a conclusion
regarding the boundary line." Appellees state that they
have relied on the survey since its completion.
The Instant Lawsuit
instant action began on April 26, 2017, when Myers, in his
personal capacity, filed a Complaint for Declaratory Judgment
and Injunctive Relief against appellees in the Circuit Court
for Carroll County. Myers brought three counts against the
appellees: Count I - Action for Declaratory Judgment and
Injunctive Relief; Count II - Additional Action for
Declaratory Relief; and Count III - Other Action Including
Costs. As to Count I, Myers asserted that "[a]ll parties
[were] bound by administrative collateral estoppel" to
follow a decision on the boundary made by a Zoning
Commissioner in Baltimore County. As to Count II, Myers
alleged that appellees illegally and erroneously changed the
boundary line established by the General Assembly in 1835.
Finally, as to Count III, Myers demanded the "full
balance of compensatory damages due [to him] from the 
claim" in the amount of $700, 000.00. Myers sought the
following relief from the circuit court:
Count I: "declare that Carroll County has, and must
exercise, jurisdiction" over the ...