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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND

No. 1453 September Term, 2010

HEAVENLY DAYS CREMATORIUM, LLC v. HARRIS, SMARIGA AND ASSOCIATES, INC.

Eyler, Deborah S., Matricciani, Wilner, Alan M. (Retired, Specially Assigned), JJ.

Opinion by Matricciani, J.

Filed: December 1, 2011

On October 29, 2009 appellant, Heavenly Days Crematorium, LLC ("Heavenly Days"), filed a complaint against appellee, Harris, Smariga and Associates, Inc. ("HSA"), in the Circuit Court for Frederick County seeking monetary damages for breach of contract and professional negligence. On August 16, 2010, the circuit court entered an order granting HSA's motion to dismiss, without prejudice, for failure to file a certificate of qualified expert under Maryland Code (1973, 2006 Repl. Vol.), Courts and Judicial Proceedings Article ("CJP") section 3-2C-02. Heavenly Days presents one question for our review, which we have edited for clarity:1 I. Was the circuit court legally correct in granting HSA's motion to dismiss for failure to file a certificate of qualified expert? For the reasons set forth below, we answer yes and affirm the judgment of the circuit court. FACTS AND PROCEEDINGS Heavenly Days owns and operates the Greenbriar Kennels Memorial Crematorium ("crematorium"), an animal cemetery and crematorium in Urbana, Maryland. In August of 2004, Heavenly Days applied to move its crematorium--at that time operating in Rockville, Maryland--to its current location in Urbana. The application process required Heavenly Days to obtain plan approval, zoning variances, and various building permits from the State of Maryland and Frederick County. Heavenly Days hired HSA, a firm

Heavenly Days presented four additional questions in its brief. We have consolidated those questions into a single issue, as each of them merely presented a separate argument with regard to the circuit court's grant of HSA's motion to dismiss.

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that offers site planning and civil engineering services, to assist Heavenly Days with the permit application and approval process. From 2004 through 2007, HSA employee Chris Mayo was Heavenly Days's contact person during the application process. Mayo submitted a site plan to the Frederick County Planning Commission ("FCPC") in the fall of 2004, and on January 19, 2005 the FCPC gave the site plan a conditional approval. There were seven conditions attached to the conditional approval, one of which was that construction of the crematorium had to begin within two years to vest the approval. Under the Frederick County Zoning Ordinance ("Zoning Ordinance") site plan applicants may request a onetime six month extension, provided the request is made at least thirty days before the expiration of the two year conditional approval period. Zoning Ordinance

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Maryland Law