Description
Part 1:
You, Attorney Ivy, and Ivy’s paralegal team have identified several cases and a statute relevant to Folly’s case. While walking back together from a Lunch-and-Learn, you and Attorney Ivy were talking about the Folly case. Attorney Ivy understands that we are just beginning to dig into the case and our legal resources and is interested to learn your early impressions about Folly’s case.
Instructions:
Review the following two cases:
- Section 8-402.1 of the Real Property article of the Annotated Code of Maryland. Focus on § (b)(1) of the statute (under “Judgement for restitution of possession of premises”).
- Saundra Brown v. Housing Opportunities Commission of Montgomery County, a 1998 opinion issued by Maryland’s highest state court, the Maryland Court of Appeals. Focus on the Court of Appeals’ holding about the steps the District Court must take when determining whether a substantial breach of lease “warrants an eviction” under § (b)(1) of the statute.
For your benefit and to prepare for the discussion, brief the case and outline § (b)(1) of the statute. (NOTE: Do not submit/post the brief or outline.)
3. Answer these questions posed by Attorney Ivy:
Assume that the court finds Ms. Folly’s pie baking is a commercial activity; based upon the Brown opinion and § (b)(1) of the statute, is it likely that the court will order her eviction? Explain why or why not. Be sure to support your answer with references and citations to the case and the statute.
Tip: In this Discussion, do not address whether Folly’s pie baking is commercial activity (assume it is), or any issues related to the assignment of the lease.
Part 2:
Review the responses and comments posted by at least two of your colleagues. Comment on the strengths and weaknesses of their perspectives. Consider how the results old/would be different with a slight modification of the facts and/or the statute.
