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NANCY BUPP, ET AL. v. THE COMMISSIONERS OF LEONARDTOWN
//December 23, 2014
On May 1, 2013, Nancy Bupp and David Deaderick (collectively, “appellants”), filed suit against the Commissioners of Leonardtown (“appellee”) in the Circuit Court for St. Mary’s County, alleging private nuisance and demanding that “the nuisance be immediately and permanently abated, a monetary judgment, punitive damages, equitable relief, and other relief.”
On June 17, 2013, appellee filed a motion to dismiss or, alternatively, for summary judgment, asserting that appellants were barred by the doctrine of res judicata, and that Leonardtown could not be held liable for punitive damages. Following a hearing on August 30, 2013, the circuit court granted appellee’s motion in part as to damages and dismissed the complaint with prejudice “as to all claims for damages.” The court then directed the parties to file memoranda addressing the remaining issues.
On October 16, 2013, appellee submitted a memorandum alleging that appellants are not entitled to injunctive relief and that their nuisance claim is barred by the statute of limitations. On November 1, 2013, appellants filed their opposition. Following a second hearing on December 11, 2013, the circuit court issued an opinion and order on January 8, 2014, granting appellee’s motion to dismiss or, in the alternative, for summary judgment, effectively denying appellants’ claim for injunctive relief. This appeal followed.
We are asked to determine whether the circuit court erred in granting appellee’s motion for summary judgment.
