Autobahn Motors, Inc. v. Mayor of Baltimore

HARRY A. COLE, Judge. In this appeal we are asked to decide whether an error in a legal description contained in an Inquisition, which was inconsistent with the evidence presented at trial, constitutes ⁵⁶⁰ an irregularity under Maryland Rule 2-535(b), sufficient to set aside an enrolled judgment. The circumstances leading to this appeal arose in 1987 when Respondent, Mayor and City Council of Baltimore (“City”), filed a petition for condemnation of certain properties owned by Petitioner, Autobahn Motors, Inc. (“Autobahn”). A jury trial was held in the Circuit Court for Baltimore City in which the City sought to condemn 3700-3702 Hanover Street and 3645 Potee Street.

The measurements for the Potee property were incorrectly described in the petition for condemnation as 87V2 feet by 100 feet. At the trial the reports and testimony of the real estate appraisers and the dimensions paced off for the jurors on the view of the property indicated that the lot measurements were 87V2 feet by 185 feet. The description contained in the petition was incorporated into the Inquisition, which was submitted to the jury. The City prepared both documents.

The jury assessed damages based upon the Inquisition, and judgment was entered on March 2, 1989, and became final thirty days later. Subsequently, deeds were executed conveying the Hanover and Potee properties, as described in the Inquisition, to the City. Upon review of the deed for the Potee property, the City discovered the error in the measurements and in July 1989, filed a Motion to Clarify Inquisition. In its motion, the City explained that “the ... petition, the Inquisition and ... deed [were] incomplete describing only a portion of the property sought to be condemned.” The motion also set forth the correct measurements.

Petitioner filed a response opposing the motion, and a hearing was set to consider the motion. Although the City’s motion did not specifically allege fraud, mistake or irregularity, the trial court, after hearing arguments, concluded that there was an irregularity under Md. Rule 2-535(b). The irregularity found by the court was as to the legal description. Accordingly, the trial court ordered that the legal description be amended to reflect the correct measurements for the Potee property.

Thereafter, Petitioner filed a timely appeal in the Court of Special ⁵⁶¹ Appeals. We granted certiorari before proceedings commenced in that court and shall reverse. I Relying on the established definition of irregularity, expounded by this court in Weitz v. MacKenzie, 273 Md. 628 , 331 A.2d 291 (1975), and other cases, Petitioner argues that the trial court erred in modifying the enrolled judgment. Autobahn contends that any irregularity in this case was generated by the parties, and, therefore was not the kind of irregularity contemplated by Rule 2-535(b).

In response, the City maintains that the irregularity in the instant case arose when the trial court allowed the jury to assess damages based upon an Inquisition which was inconsistent with the evidence presented at trial. The City also contends that it acted in good faith and with due diligence to correct the error. Finally, Respondent argues that reversing the trial court’s ruling would be inconsistent with the policy underlying Rule 2-535 to promote finality of judgments. This policy would be ignored, the City reasons, if the trial court’s ruling were reversed because the City would then be faced with the possibility of having to further litigate this matter in order to acquire the remaining 85 feet of property excluded from the description.

The revisory power of the courts is governed by Rule 2-535, which provides in pertinent part: Rule 2-535. REVISORY POWER (a) Generally. — On motion of any party filed within 30 days after entry of judgment, the court may exercise revisory power and control over the judgment and, if the action was tried before the court, may take any action that it could have