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CCOC Decision Summary

#28-06, Fried v. Norbeck Grove Condominium Association (McCabe, Gelfound, Vergagni). 

On October 11, 2006, the Hearing Panel dismissed this dispute without a hearing at the request of the Complainant.  The dismissal was with prejudice and consented to by the Respondent.  On November 6, 2006, 26 days later, the Respondent requested that the Panel impose sanctions on the Complainant for having filed a frivolous complaint in bad faith, and asked to be awarded its reasonable attorney's fees.  The Panel ruled that under Maryland law, it had no jurisdiction over the case once it issued its final order, unless there was evidence of fraud, mistake, surprise, or inadvertence, or unless a law gave it the authority to reconsider its order.  The facts alleged did not show fraud, mistake, surprise or inadvertence.  Furthermore, the County's Administrative Procedures Act requires that all motions for reconsideration of a final order be filed within 10 days of the date of the order, and the Respondent's motion was well outside that time period.  Therefore the Panel denied the motion.

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