Law Office of Herbert Burgunder III

I represent many homebuyers who purchase real estate without the help of a real estate agent.  I often get the following question from new clients: does it make sense in this market to rent or buy?  The answer has a lot to do with your finances, your employment, the area where you are looking to live, and other factors.  For more information, consider looking at the blog on the Get Rich Slowly website (1/27/10 entry).  Please call if you are interested in buying or selling a home without the assistance of a real estate agent.

In Ronald J. Ross v. Mr. Lucky, LLC, 2009 Md.App. LEXIS 192 (No. 518, Sept. Term 2008), decided on December 29, 2009, the Court of Special Appeals reaffirmed the long-held requirement that a participant at a zoning hearing has a reasonable right to cross-examine witnesses.  The Calvert County Board of Appeals denied Mr. Ross's motion to intervene and then denied him the right to cross-examine witnesses.  Instead, the Board permitted Mr. Ross five minutes to make a statement.  The Board also held the record open for 10 days following the hearing so that interested parties could supplement the record. 

The Court of Special Appeals held that Mr. Ross was a party despite the fact that his motion to intervene was denied.  The Court of Appeals includes as a party anyone who testifies, submits one's name in writing as a protestant, submits into evidence a letter of protest, identifying oneself on the record as a party, or submitting one's name to the board as one who would be aggrieved.

If one is a party, then the Board must provide you with a reasonable right to cross-examine witnesses.  The right is not unfetterd.  The right to cross-examine must be raised before the Board and denied so that it is not waived for appeal.

Some zoning boards, for the sake of efficiency or to limit "back-and-forth," deny a request to cross-examine.  The denial of the right to cross-examine a witness is a denial of due process.