DUI, Criminal and Personal Injury Lawyers and Attorneys in Harford County and Cecil County

Call us 24/7 at 410-879-2804

Or fill out this form and send it to us. All of us here at Brown, Brown & Young look forward to speaking with you!


E-mail Address:

Phone Number:

Type of Case:

Questions, Comments or Other Needs:

Is water wet or dry?

Please answer the above question so that we can be sure you are a human being! Electronic technology is not secure and information may not be treated as privileged or confidential. No attorney-client relationship or privilege is established by your use of this form, nor are you a client of our firm until we accept your case.

Dave Carey Successfully Defends Property Owner; Penalty Voided

Judge Agrees with Carey's Argument in Court

Brown, Brown & Young principal attorney David E. Carey recently successfully defended the owner of a 120-lot mobile home park in Cecil County, which had begun to have problems with septic system overflows, and which was being threatened by the State of Maryland with a civil penalty costing hundreds of thousands of dollars.

Responding first to the situation, Carey first guided his client to initiate the construction of a million-dollar wastewater treatment facility for the complex, designed to state specifications, that will when completed fully handle all sewage and wastewater issues for the property for the foreseeable future, completely complying with environmental and County regulations.

Then, Carey successfully fought off and voided an attempt by the Maryland Department of the Environment (MDE) to levy a significant fine and penalty on his client, which would have had to have been paid by the tenants of the mobile home park.

"The MDE inspectors had been out to the property several times and had cited the septic system overflows, but they didn't seem to appreciate that my client had not only diligently cleaned the spills up, but had gone that extra step of commissioning a state-of-the-art treatment plant that would completely solve the problem henceforth, while paying to have all the problematic septic systems pumped out and their effluent hauled to a public treatment facility. I guess the MDE just wanted to punish my client!" Carey adds.

The MDE sought to impose a five- or six-figure civil penalty on the park.

"Many if not most of the tenants at the mobile home park pay about $240 a month rent; they are on fixed incomes and that's their limit. Since the sewage problem was of course ultimately caused by the tenants, a penalty like this would be passed along to the tenants, who could ill afford to pay such a hefty increase," Carey states.

Carey attempted to negotiate with the MDE, but the final offer of a $330,000 fine was obviously not acceptable. As Carey relates, "We felt that we had done no wrong and actually a great deal of good; why should we have to pay such a fine? Why burden and maybe drive away our tenants? It just didn't make any sense to us."

Unlike most matters of this nature, the case actually went to trial, although not before a final MDE offer to lower the penalty to $80,000 was also rejected. After two days of hearings in the Circuit Court for Cecil County, during which the MDE again requested the full $330,000 civil penalty, Judge Jane Cairns Murray agreed with Carey's arguments and assessed no fine.

The judge specifically cited the investment that Carey's client was making in the property and the affect that the imposition of a fine would have on the rent paid by the tenants — which of course was the text of Dave Carey's argument.

Congratulations to Dave Carey for a job well done!

The materials and information posted on this web site are for informational purposes only, and do not constitute legal advice. If you are a current client of Brown, Brown & Young, P.A., please contact your attorney to obtain advice with respect to any particular issue or question, including any of the information provided on our website, or any other matter.

Home | About Our Practice | Attorneys & Staff | Community Support | Brown, Brown & Young In the News | Our Newsletters | Contact Us

Brown Brown and Young
A Professional Association • Injury, Business and Personal Attorneys • Founded 1901
Brown, Brown & Young has been in practice longer than any other law firm in Harford or Cecil County, Maryland.
Bel Air, MARYLAND 21014
410-838-5500 • 410-879-2220
410-893-0402 Facsimile
410-398-7792 Facsimile
Click for our office locations.
Brown Brown and Young is a Secure Insight Registered Agent
Brown, Brown & Young, P.A. would love your feedback: Post a review to our profile on Google.

Video Library
410-879-2804 24-Hour Emergency Line
© 2005-2022, BROWN, BROWN & YOUNG. All rights reserved. Disclaimer
Questions about this web site? Please consult the web master. Site Credits