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Tuesday, October 16, 2007

Old Salisbury Mall Lawsuit


Case Information
Court System: Circuit Court for Wicomico County - Civil System
Case Number: 22C07001406
Title: K Hovnanian Homes Of Maryland LLC vs Salisbury Mall Associates LLC
Case Type: Contract
Filing Date:10/12/2007
Case Status: Open/Active
Case Disposition: Disposition Date:

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Plaintiff/Petitioner Information
(Each Plaintiff/Petitioner is displayed below)
Party Type: PlaintiffParty No.:1
Business or Organization Name: K Hovnanian Homes Of Maryland LLC
Address: 1802 Brightseat Road
City: LandoverState:MDZip Code:20785

Attorney(s) for the Plaintiff/Petitioner
Name: Cornbrooks, III, Ernest I
Practice Name: Webb, Burnett, Jackson, Cornbrooks, Wilber, Vorhis & Douse, LLP
Address: P.O. Box 910
City: SalisburyState:MDZip Code:21803-0910
Name: Zink, III, John H
Practice Name: Venable LLP
Address: P O Box 5517
210 Allegheny Avenue
City: TowsonState:MDZip Code:21285-5517

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Defendant/Respondent Information
(Each Defendant/Respondent is displayed below)
Party Type: DefendantParty No.:1
Business or Organization Name: Salisbury Mall Associates LLC
Address: 516 South Hanover Street
City: BaltimoreState:MDZip Code:21201
Address: John M Prugh
City: BaltimoreState:MDZip Code:21202

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Document Tracking
(Each Document listed. Documents are listed in Document No./Sequence No. order)
Doc No./Seq No.: 1/0
File Date: 10/12/2007Close Date:10/12/2007Decision:
Document Name: Payments Received
Plt App Fee $10.00 10/12/07 2/66349
Clerk's Fee $80.00 10/12/07 2/66349
MLSC Fee $25.00 10/12/07 2/66349
App Fee $10.00 10/12/07 2/66349

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Doc No./Seq No.: 3/0
File Date: 10/12/2007Close Date:Decision:
Document Name: Instructions to Clerk


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Doc No./Seq No.: 4/0
File Date: 10/12/2007Close Date:Decision:
Party Type: PlaintiffParty No.:1
Document Name: Complaint for Declaratory Relief
Filed by Attorney: John H Zink III,Ernest I Cornbrooks III

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Doc No./Seq No.: 5/0
File Date: 10/12/2007Close Date:10/12/2007Decision:
Party Type: PlaintiffParty No.:1
Document Name: Exhibits Filed
Filed by Attorney: John H Zink III,Ernest I Cornbrooks III

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Doc No./Seq No.: 6/0
File Date: 10/16/2007Close Date:10/16/2007Decision:
Party Type: DefendantParty No.:1
Document Name: Writ of Summons - Civil Issued

Here's the strangest part of all, look who's representing the Company backing out of the development, Practice Name: Webb, Burnett, Jackson, Cornbrooks, Wilber, Vorhis & Douse, LLP

There's going to be some pretty big stuff coming out of this one, since the Developers are already using TIF money and it's supposed to be used for the development of the property.

15 comments:

Anonymous said...

Isn't Cornbrooks one of those talking heads that they quote in those special items on Sunday in the newspaper? If he works with Wilber how can he also sue the mall people who are in bed with the City?

Anonymous said...

Wilbur is incompetent, immoral and should be fired immediately. He uses taxpayer money to represent the slumlords and developers who are raping and pillaging the city of salisbury. He epitomizes sleasy lawyer.

Anonymous said...

That special $14 Million subsidy (it’s called a “TIF”) that the City of Salisbury has given the mall owner is based on it being developed promptly in order to repay the bond debt that the City made to borrow the subsidy funds. Probably the owner’s contract with a hot-shot developer like “Hovnanian” was used as bait to get the City to make the TIF subsidy deal.

You’ve got to wonder whether the mall owner knew when the City Council approved that TIF subsidy and issued the bonds that the contract of sale with Hovnanian was kaput or on the skids. And, regardless, now Mr. Wilber’s law firm is representing that developer (Hovnanian) in its suit to kill the contract of sale --- what a conflict of interest.

As its case in court Hovnanian is probably using the general delay in getting the zoning approval – because (acting on Mr. Wilber’s advice) the City illegally rezoned the mall site, as Judge Jackson ruled last fall. It looks like Mr. Wilber’s law firm is getting even more fees in the legal mess that it is responsible for in the first place, after already getting huge fees for the bad advice it gave. Wasn’t their bill in that zoning appeal more than $30,000?

Anonymous said...

Beaucoup Jackshit

Anonymous said...

I Don't Understand:

Yessir, Mr. Cornbrooks is a Daily Times regular and he also comments as "Ernesto-Boy" (or something like that) mostly on the "Duvafiles" blog, and tried to block that new Boy Scout center on Riverside Drive (he's a NIMBY, too).

Anonymous said...

Joe:

This tale must be told ASAP -- what does the lawsuit say really happened???

PS -- names can be changed to protect the (not so) "innocent"

Anonymous said...

Hey, Bend Over:

The real question is what did Barrie and Wilber know (and when did they know it)?

Anonymous said...

Please post a copy of that case. Thank you.

Anonymous said...

There's a short summary of the case on today's Duvafiles.

And, of course, nothing in the Daily Times.

Bob said...

I'm not absolutely clear on this. Is the TIF money to be used on the building of the new project and not for the demolition? Or is it acceptable to be used for the project from front to back? Other than the cost of the property and preliminary site plans (including legal and other professional fees), what assets had the LLC committed to the project? Didn't they have to submit an estimated total project cost and commit a percentage of thier own funds to the project? This is business finance 101 here. I fully understand that the property can be used as collateral, but was the value of the property alone enough collateral to secure the publics interest in this endeavor? Was a performance bond required to secure the project?

Tim Chaney said...

Can you say..."Conflict of interest." WTF?

Once again the Dirty Dozen suggested that the city do the right thing and not get into subsidy's to LLC's in the form of corporate welfare. Where do we go from here?

Anonymous said...

Truth be told: lets get the story correct. No one tried to block the new Boy Scout camp on Riverside Drive. The Boy Scout camp as been there MANY years. What was blocked was the Rotary Club Play House from taking over the Boy Scout Camp.

Anonymous said...

The Daily Times doesn't run news, it runs advertising. Like the flash animated ad for K Hovanian builders that is running on its site right now.

Barrie wins, Wilber wins, Bubba wins, Daily Times wins, citizens of Salisbury BEND OVER

Anonymous said...

Grandad:

Are you kidding... this is Salisbury, Barrieland.

Anonymous said...

TO: the NIMBY among us

RE: Boy scout camp on Riverside Drive

GET OVER IT!