Belward Farm, Hopkins Await Judge's Ruling
A Montgomery County Circuit Court Judge did not rule on a key hearing between Johns Hopkins University and the heirs to the former Belward Farm owner Wednesday in Rockville.
The fate of a key hearing between Johns Hopkins University and the heirs of Belward Farm’s former owner may boil down to the judge’s interpretation of 18 words.
According to the Belward Farm deed and contract, any use of the property shall be “for agricultural, academic, research and development, delivery of health and medical care and services, or related purposes only.”
After more than 90 minutes of deliberation, Montgomery County Circuit Court judge Katherine D. Savage elected Wednesday afternoon to not rule on Hopkins’ motion, instead taking it under advisement and promising to make a decision as soon as possible.
In order to deny the Hopkins motion to dismiss a breach of donor intent lawsuit by the heirs of Elizabeth Banks, Savage expressed an explicit interest in determining the ambiguity of that 18-word statement – the only restrictions written in the deed.
Savage said she was not interested in the circumstances by which the agreement was originally made in 1989, preventing the attorney representing lead plaintiff Tim Newell from explaining Banks’ intent for her farm.
“We were shut down from that,” Newell said after the hearing. “She did not allow us [to explain the context of the agreement] and I’m frustrated. It is part of [the lawsuit], looking at the contract in its entirety, but it’s a donor intent issue.”
But the issue for Hopkins lies solely in those 18 words, the university’s attorney, James Hulme, said, emphasizing the last clause (“or related purposes only”) leaves the door open for JHU to build beyond the listed restrictions.
The university plans to build a 4.6 million-square-foot commercial real estate venture, Newell’s attorney David Brown said. The university originally agreed to build a 1.4 million-square-foot, low-rise academic campus.
If Savage rules in Hopkins’ favor, the university will be free to sell 99-year leases within the proposed real estate property, Brown said. “[Hopkins] would have no obligation to occupy any of the property," Newell's attorney added. "They would simply have to act as landlords.”
Over time, the new regime at Hopkins decided that making money was more important than keeping their word to Banks, Newell said.
If the case does eventually land in civil court, former Hopkins officials such as John Dearden – a fundraiser for the university who spearheaded the Belward project – would help make it clear Hopkins’ current plans were not what Banks intended for her farm, Newell said.
Hopkins plans to honor its obligations to the contract and deed negotiated with Banks and expects the judge to rule in its favor, according to JHU spokeswoman Robin Ferrier.
“We believe strongly, however, that the contract and deed do not restrict the height or density of development on the property, and that the university has the right to lease to non-university tenants,” Ferrier told Patch in an email.
If Hopkins is successful in its motion to dismiss, Newell said his group is prepared to appeal the court’s decision.
“I think we have total merits in the case and I know we’re in the right, but that doesn’t mean we win,” Newell said. “We do have an appeal process after that if she does shut us down. I think that would certainly be our next step.”
Donna Baron (Scale-it-back.com)
1:00 pm on Thursday, February 2, 2012
Elizabeth Banks trusted Johns Hopkins and I’m sure she thought the contract they wrote for her property was quite sufficient since the officials at Hopkins completely understood her intentions for her property. That was then. Now Hopkins is looking for every loophole to do whatever they want to do with the property, as if they paid full price ($54 million) for the property without restrictions.
I wonder what would happen if they were caught taking $49 million out of her bank account?
Except, of course, she wouldn't have $49 million in her account because Hopkins only paid her $5 million for a property that was worth $54 million because she was willing to take the lower price in exchange for having her wishes carried out.
The officials at Johns Hopkins are so arrogant, they think they can have it both ways.
Jeff Hawkins
2:26 pm on Thursday, February 2, 2012
It's mind-boggling....absolutely mind-boggling!
jnrentz1
2:29 pm on Thursday, February 2, 2012
Agreed.
I hope that other owners of large land areas who do NOT wish the wholesale destruction of their properties will have appropriate deeds made and adhered to.
Preserve the land.
Patricia J. Kelly
9:06 am on Sunday, February 5, 2012
Once again Govt. or Corporate entities will always prevail. The family is trying to fulfill Ms. Banks wishes there is no respect for anyone or anything these days....pitiful. I'm I'm not a fan of Hopkins tobegin with...bad experiences.
Joan Anders
7:04 pm on Saturday, February 4, 2012
It really lies within one word that word being related. Non-university tenants does not equal related when the relation is for academic, research, health, medical care etc.
Maria Fusco
10:15 am on Sunday, February 5, 2012
This case really bothers me.... I went to the court hearing, and I hadn't read all of the documents, but listening in that courtroom.... I will tell you that it appears CLEAR that Johns Hopkins did in fact know what they were doing as they changed plans; as can be seen in two ways:
1. When "one" of Hopkins' attorneys noted something along the lines of: The record not stating: "Thou shall not limit re-zoning'; it may have been her wishes, but it is not written."; and,
2. The fact that Hopkins had drawn up actual plans/drawings of the low-rise campus that Mrs. Banks agreed to early on.
Anyone who has family that still has land, or is looking to do something great for their community for generations to come, BE WARY for sure. ... Sad to say, and must be heart wrenching for those neighbors, friends and family who knew her well: She seems like she really wanted to "To Do Something Good." Sad.
IF HOPKINS CONTINUES DOWN THIS PATH, it sends a CLEAR MESSAGE "NOT" TO DONATE to these large organizations. ... Unfortunately.
Hopkins, PLEASE DON'T SEND THIS MESSAGE TO PRESENT AND FUTURE DONORS: "Do the Right Thing and Respect Mrs. Bank's wishes." A College/Medical Campus here, the "Belward Campus," would be phenomenal for the DC area.
Patricia J. Kelly
10:24 am on Sunday, February 5, 2012
Maria check out Donna's web site Scale-it-back.com very interesting. Good job Donna.
Maria Fusco
10:28 am on Sunday, February 5, 2012
Thank You Patricia, will do!
jnrentz1
10:41 am on Sunday, February 5, 2012
While I hope that the plaintiffs win this lawsuit, there is a lesson here.
If you are involved in a business deal, such as the Belward Farm deal, write down what you want. Have an attorney review what you have written before signing off.
Patricia J. Kelly
11:45 am on Sunday, February 5, 2012
Some people feel as though their wishes and good intentions will be fulfilled but we all know these days that deeds, wills, promissory notes, prenups, leases,etc....
mean NOTHING sadly. You will always find a lawyer or govt. agency that will tear it apart, twist words, use eminent domain, etc. to get what they want...period! Sad.
Richard Rice
1:44 pm on Sunday, February 5, 2012
Is there siome way that part of the farm can be preserved as park land and
part of it developed for educational facilities? Montgomery County is getting to
be more and more interested in building without preserving a single bit of our
farming or park land type of habitat! Why can't we have a balance in this whole county?
Donna Baron (Scale-it-back.com)
6:53 pm on Sunday, February 5, 2012
Richard, unfortunately, it is all about the money. Two of the groups who opposed the scale of this development wrote alternative plans that were very reasonable. We asked for a reduction in scale in order to accommodate educational facilities and preservation of the more of the green space.The Planning Board rejected the plans without comment.
I suspect that Johns Hopkins will consider a less aggressive plan only if they are forced to by the courts. This plan was a done deal before the residents heard the first thing about it.
Johns Hopkins wants the money.
The County wants the money.
The commercial real estate developers want the money.
It's all about the money. The residents are just collateral damage.
Donna
Maria Fusco
8:10 pm on Sunday, February 5, 2012
It's all about money, land & private interests:
As we're also seeing over here in the Brickyard neighborhood (BrickyardCoalition.org):
Circumvention of Process; neighbors not hearing about until almost 2 years after the plans started; County Exec involved; giving public land to private company so commercial interests can move ~ BAM! ~ right smack in middle of 2 lane residential neighborhood.
Go to this County video and watch the 1st part of this video, fuel your fire (not that it'll need it); and the 1st minute or so is all you'll need to hear:
http://www.montgomerycountymd.gov/mcgtmpl.asp?url=/content/pio/goodneighbors/index.asp
Maria Fusco
8:12 pm on Sunday, February 5, 2012
Oops ~ when you go to the link; scroll down a tad to the video looking @ a neighborhood (there's an arrow on it): That's the video.
Dennis Flannery
7:03 pm on Tuesday, February 7, 2012
What a shame...but there is more...I worked for Mrs Banks, bailing hay in the summer...she donated her land in 2 tracts, one near the old Washingtonian, which was not to be developed until after she passed, which JH disregarded and found a 'legal'good way around it. This last tract was never meant to be developed but used for ag purposes.....all in remberance of her father who worked at JH, as a veterinarian!! They must both be rolling in their graves!!
Dennis Flannery
Beth Borzone
9:24 pm on Thursday, February 9, 2012
I give the family so much credit for going through this ordeal to preserve the farmland for the community. I hope they win!
Fred Jonesboro
4:25 pm on Wednesday, March 7, 2012
As a JHU grad, I am absolutely disgusted by this blantant money grab. They have the opportunity to build a beautiful campus that is cohesive to the surrounding neighborhoods and adhere to the wishes of this amazing woman....Makes me sick to my stomach...