Judge Denies Hopkins' Motion To Dismiss Belward Lawsuit

Judge Denies Hopkins' Motion To Dismiss Belward Lawsuit


A lawsuit by the heirs to the former owner of Belward Farm will be heard in Montgomery County Court.

By Greg Cohen Email the authorMarch 9, 2012 Email Print 3 Comments

 Updated, 7:56 p.m.:

Johns Hopkins University's motion to dismiss a lawsuit filed by the heirs to the former owner of Belward Farm has been denied by Montgomery County Circuit Court Judge Katherine D. Savage.

Tim Newell, the lead plaintiff on behalf of former owner Elizabeth Banks' family, said the case can now proceed to trial.

Newell called the judge's decision an “important first step in the fight to obtain justice for his Aunt Liz, who mistakenly put her trust in Johns Hopkins University.”

“We are grateful the judge feels our case has merit and deserves to be heard,” Newell said in a press release. “My aunt never would have gifted Belward Farm to the University if she knew they planned a massive commercial development on the property. That goes against everything she stood for.”

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.

The university agreed in 1989 to use the property only for academic purposes and called for a low-rise academic campus no larger than 1.4 million square feet of gross floor area.

Johns Hopkins University Spokeswoman Robin Ferrier told Patch the university received word of the ruling but would not comment until it has an opportunity to fully review it.

JHU now has 30 days to answer the plaintiff’s original complaint, after which the court will schedule a “discovery” period, according to a press release. The case will ultimately go to trial before a judge unless summary judgment is requested and approved.

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