In One Thousand Fleet Limited Partnership v. John Guerriero, et al., the Maryland Court of Appeals was called upon to determine whether a developer could maintain suit for malicious use of process and abuse of process against a Little Italy community association and its members challenging the zoning modification and issuance of building permits for the redevelopment of the Bagby Furniture building.

In a wonderful 21-page opinion in which the Court provides an historical review of abuse of process and malicious use of process, and the distinctions between the two torts, the Court narrowly interprets the law.

Holding that abuse of process requires “damages consisting of an arrest or seizure of property” and that malicious use of process requires damages “consisting of seizure of property, arrest or other special injury,” the Court established an extremely high standard that may not be possible to meet against any other than governmental defendant.

Also ruling that an action for malicious use of process cannot be maintained when the underlying lawsuit had not been terminated in the plaintiff’s favor because the judgment dismissing the lawsuit was pending on appeal, served to further make difficult bringing such a case. To appreciate this issue, the reader must be aware that the community association had filed no less than four different appeals, all of which were dismissed for lack of standing, but because appeals of the dismissals were pending, the Court ruled this case was not ripe.

This case will have a chilling effect on the ability of property owners to defend themselves from others abusing the right to appeal from development approvals.