County Commissioners of Charle v. Panda-Brandywine, L.P.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 8:08-cv-03369-AW Copies to all parties and the district court/agency. [998467107] [09-2238]

County Commissioners of Charle v. Panda-Brandywine, L.P.

Doc. 0

Case: 09-2238 Document: 38

Date Filed: 11/17/2010

Page: 1

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-2238 COUNTY COMMISSIONERS OF CHARLES COUNTY, MARYLAND, Plaintiff - Appellee, v. PANDA-BRANDYWINE, L.P., Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Alexander Williams, Jr., District Judge. (8:08-cv-03369-AW) Argued: October 28, 2010 Decided: November 17, 2010

Before SHEDD and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. ARGUED: William James Murphy, MURPHY & SHAFFER, LLC, Baltimore, Maryland, for Appellant. Kurt James Fischer, DLA PIPER US LLP, Baltimore, Maryland, for Appellee. ON BRIEF: Robert T. Shaffer, III, Daniel P. Moylan, MURPHY & SHAFFER, LLC, Baltimore, Maryland, for Appellant. Roger Lee Fink, County Attorney, COUNTY COMMISSIONERS OF CHARLES COUNTY, La Plata, Maryland; Melissa L. Mackiewicz, DLA PIPER US LLP, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit.

Dockets.Justia.com

Case: 09-2238 Document: 38

Date Filed: 11/17/2010

Page: 2

PER CURIAM: On November 10, 2008, the County Commissioners of Charles County, Maryland (the County) filed a petition for declaratory judgment in the Circuit Court for Charles County, Maryland. In

its petition, the County sought a judicial declaration of the rights of Panda-Brandywine, L.P. (Panda Energy) under a "Treated Effluent Water Purchase Agreement" (the Agreement) entered into by the parties. Energy filed a Following removal to the district court, Panda motion to dismiss the petition for lack of

subject-matter jurisdiction, which the district court denied. On August 21, 2009, the parties filed cross-motions for summary granted judgment. the County's Following motion a for hearing, summary the district and court denied

judgment

Panda Energy's cross-motion for summary judgment. noted a timely appeal. Having arguments, district reviewed and court and considered law, the we the are record,

Panda Energy

briefs, that both

oral the the

applicable reached

persuaded on

correct

result

jurisdictional issue and on the merits. the district court's judgment based

Accordingly, we affirm substantially on the

reasoning set forth in the district court's careful and thorough opinions. See County Comm'rs of Charles County v. Panda-

Brandywine, L.P., No. 8:08-cv-03369-AW (D. Md. May 26, 2009);

-2-

Case: 09-2238 Document: 38

Date Filed: 11/17/2010

Page: 3

County Comm'rs of Charles County, Md. v. Panda-Brandywine, L.P., 663 F. Supp. 2d 424 (D. Md. 2009). AFFIRMED

-3-