Preview:

REPORTED

IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1993 September Term, 2003

EUGENE BONDS v. ROYAL PLAZA COMMUNITY ASSOCIATES, INC.

Eyler, Deborah S., Adkins, Thieme, Raymond G., Jr., (Retired, Specially Assigned) JJ.

Opinion by Adkins, J.

Filed: December 29, 2004

Appellant Eugene Bonds challenges the Circuit Court for Prince George's County's decision to vacate its year and a half old order foreclosing rights of redemption with respect to real property sold at a tax sale in 1997. The tax sale purchaser obtained an order

foreclosing the rights of redemption in the property on January 13, 2000, but in doing so, failed to send the notice required under Md. Code (1985, 2001 Repl. Vol., 2004 Cum. Supp.), section 14-836(b)(4) of the Tax-Property Article ("TP") to appellee Royal Plaza

Homeowner's Association, Inc. ("HOA").

Bonds, assignee of the tax

sale purchaser, presents three issues for our review: 1. Did the circuit court err in vacating the order foreclosing the right of redemption because the tax sale purchaser failed to follow the notice requirements of the Tax-Property Article? Did the circuit court err in dismissing Bond's Amended Complaint, which included a claim to quiet title? Did the circuit court err by not including the purchase price of $100,000 as a development cost, in the amount fixed for redemption?

2.

3.

We shall hold that the circuit court erred as to Issue I, and therefore, do not reach Issues II and III. FACTS AND LEGAL PROCEEDINGS The property in question is a 4.42534 acre parcel ("the parcel") located in the middle of the Royal Plaza subdivision in Prince George's County. On May 22, 1989, Royal Plaza Associates,

LP ("the developer") recorded four subdivision plats among the land records for Prince George's County for the then-proposed Royal

Plaza development. Plat One of the four recorded subdivision plats described the parcel as "PARCEL A

Download Bonds v. Royal Plaza.pdf

Maryland Law