Politics & Government

Judge Yet To Rule On Belward-Hopkins Dispute

Thirty-five days after a hearing between Johns Hopkins University and the heirs to the former owner of Belward Farm, a Montgomery County Circuit Court judge is yet to issue a ruling.

Thirty-five days after hearing Johns Hopkins University’s motion to dismiss a breach of donor intent lawsuit filed by the heirs to the former owner of Belward Farm, Montgomery County Circuit Court Judge Katherine D. Savage is yet to issue a ruling.

Tim Newell, the lead plaintiff on behalf of the family of former Belward owner Elizabeth Banks, said there is no timeframe for a decision on the case.

“I’m assuming that we’ll hear soon but there is no way of knowing,” Newell said. “We don’t get any feedback from the court, no questions that have been bounced back and forth or anything, so it’s basically just a wait and see.”

Find out what's happening in North Potomac-Darnestownwith free, real-time updates from Patch.

Newell and his attorney, David Brown, both declined to comment on their outlook on the case, but Newell did say he appreciates the judge investing so much time in the case, acknowledging the large amount of case law each side presented during the hearing.

Representatives from Johns Hopkins are also being patient.

Find out what's happening in North Potomac-Darnestownwith free, real-time updates from Patch.

“We are not concerned about when the ruling will be issued,” JHU spokeswoman Robin Ferrier said. “We appreciate that the judge is taking the time to look at all the issues and is approaching this case with such thoroughness and diligence.”

On Dec. 19, 2011, Johns Hopkins filed a motion to dismiss or for summary judgment in response to a Nov. 10, 2011, breach of donor intent lawsuit filed by Newell’s group hoping to stop the university from proceeding with plans to build a 4.7 million-square-foot commercial science park on the Belward Farm property.

In addition to not knowing when a decision will be made, Newell and Brown said it’s unclear how they will be informed once Savage issues her ruling.

“Sometimes judges give you a telephone call and tell you that they’ll fax you a copy of the opinion,” Brown said. “Some other judges just mail you a copy.”

Savage can ultimately decide to make a declaratory judgment on the case or send it to trial, and it depends whether or not the judge feels the case is justiciable, Brown told Patch.

Neither side can file an appeal until the entire case is ruled upon, which could be delayed by a trial, Brown said, adding he doesn’t think Hopkins will have the right to appeal a denial of its own motion. But, he said, the case hangs in the balance of an assortment of things dating back to the mid-80s.

The issue is “based upon the actions, statements, and documents of people – some of whom are dead now – but all of which occurred 20-30 years ago,” he said.


Get more local news delivered straight to your inbox. Sign up for free Patch newsletters and alerts.

We’ve removed the ability to reply as we work to make improvements. Learn more here

More from North Potomac-Darnestown