News
Winston Saves Client Over $20M in Fees Relating to Water and Sewer Usage
News
Winston Saves Client Over $20M in Fees Relating to Water and Sewer Usage
January 9, 2015
Winston & Strawn won a case of first impression before the Maryland Board of Appeals on behalf of its client Laurel Racing Association. As a result of the appeal, Winston saved Laurel tens of millions in fees and charges relating to its water and sewer usage.
Laurel owns all of the horse racetracks in the state of Maryland, and its parent company owns race tracks across the country. In 2007, Laurel filed the largest development plan in the state with Anne Arundel County. In reviewing the plan, the county had the obligation to provide credits for existing water and sewer use, but it failed to do so. This led to over $20 million in fees and charges in the short term and a great deal more over time.
Laurel ultimately discovered the County’s mistake and petitioned for relief, but their petition was rejected. The County then moved for a tax sale of the property. Zoning counsel for Laurel advised that a tax sale could not be prevented and that any appeal to the Board of Appeals would be a sure loss. Winston obtained an injunction preventing the sale and then won a complete victory before the Board after a 10-day hearing. The Board gave Laurel all of the credits it requested, applied them retroactively to 2007, and ordered all payments to be credited to Laurel.
Washington, D.C. managing partner Tom Buchanan served as lead counsel.