Editorial Advisory Board: The $25 million Clipper Mill lawsuit

Listen to this article

Wait. Perhaps the Baltimore Brew left something out of its December 14, 2020, article titled “Larry Jennings to Appeal Dismissal of $25 Million Suit Against Clipper Mill Residents.” There are some rather astonishing items in the article.

Jennings, who owns several parcels at the Clipper Mill complex, has, according to the article, “been locked in battles with residents over his plans to turn the historic Tractor Building into apartments.” Astonishing item No. 1:  Jennings admitted that he was the moving force behind the decision to tear down two 1840’s millworker houses “done without legally required public posting.”

Well, maybe Jennings was unaware of the posting requirement, even though he is a developer.  Let’s give him the benefit of the undeserved doubt.

Tearing down these buildings was the impetus for residents of the neighborhood to successfully have the city designate the area as an historic district. In return, Jennings, represented by David Applefeld of Shapiro, Sher, Guinot & Sandler, filed a lawsuit against the residents seeking $25 million in damages and demanding years of personal banking records and each resident’s computer hard drive.

Given the suits being filed by Rudy Giuliani, Sidney Powell and Jenna Ellis, one might be inclined to believe such lawsuits are permissible these days.

But recognizing a SLAPP (Strategic Lawsuit Against Public Participation) lawsuit when he sees one, Judge John Nugent of the Baltimore City Circuit Court dismissed the lawsuit as an effort to intimidate the residents and chill their right to speech under the First Amendment.

Astonishing item No. 2: Newly sworn-in Baltimore Mayor Brandon Scott has appointed Jennings to his transition team to serve on the Housing and Neighborhood Development Committee to assist the mayor “with crafting recommendations to increase access to affordable housing.” When asked why the mayor would seek guidance from someone “who sues private citizens over their public remarks,” Scott’s spokeswoman said the mayor believes the developer’s perspective “has a place” on the committee.

Ah yes, developers always “have a place” with Baltimore City mayors. Maybe item No. 2 is not so astonishing after all.

Editorial Advisory Board members Arthur F. Fergenson, Susan Francis and Debra G. Schubert did not participate in this opinion.

(Editor’s note: An earlier version of this opinion referred to comments reportedly made by attorney David  B. Applefeld on behalf of his client at the Oct. 21 hearing and published in an article in the Baltimore Brew. Upon a review of the transcript of the hearing it is apparent that the comments made by Applefeld were inaccurately reported in the Baltimore Brew story and repeated in the Editorial Advisory Board opinion. This opinion has been revised to correct that mistaken reporting. We regret the error.)

EDITORIAL ADVISORY BOARD MEMBERS

James B. Astrachan, Chair

James K. Archibald

Arthur F. Fergenson

Nancy Forster

Susan Francis

Leigh Goodmark

Michael Hayes

Julie C. Janofsky

Ericka N. King

Stephen Z. Meehan

C. William Michaels

Angela W. Russell

Debra G. Schubert

H. Mark Stichel

The Daily Record Editorial Advisory Board is composed of members of the legal profession who serve voluntarily and are independent of The Daily Record. Through their ongoing exchange of views, members of the board attempt to develop consensus on issues of importance to the bench, bar and public. When their minds meet, unsigned opinions will result. When they differ, or if a conflict exists, majority views and the names of members who do not participate will appear. Members of the community are invited to contribute letters to the editor and/or columns about opinions expressed by the Editorial Advisory Board.