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Keywords

statuteequityappealforeclosureobjectionoverruled
lawyerstatuteequityappealappellantappellee

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Gager v. Kasdon, 234 Md. 7, 197 A.2d 837

Facts

John Chapman Gager owned a property in Montgomery County that was assessed at $1,970. After failing to pay taxes for 1960, the property was sold at a public auction to Lawrence I. Kasdon for $110.64. Gager did not redeem the property within the one-year period, leading Kasdon to file a bill of complaint to foreclose Gager's equity of redemption. Gager's initial demurrer was overruled, and he subsequently filed an answer and objection. The court found that Gager did not redeem the property or substantiate his claims.

As appellant neglected to redeem within one year, appellee on June 28, 1962 filed a bill of complaint to foreclose all equity of redemption in the Circuit Court for Montgomery County.

Issue

Did John Chapman Gager exhaust his administrative remedies regarding the tax assessment, and could he collaterally attack the assessment as grossly excessive?

It is unfortunate that appellant's case was not tried by a lawyer because most of his contentions were not properly raised in the lower court so could not be considered by that court or by this Court on appeal.

Rule

Where an administrative remedy is provided by statute, such remedy should be exhausted before judicial relief is sought.

In other words, where an administrative remedy is provided by statute, such remedy should be exhausted before judicial relief is sought.

Analysis

The court applied the rule by determining that Gager had not protested or appealed the tax assessment, thus failing to exhaust his administrative remedies. As a result, he could not challenge the assessment in the foreclosure proceedings. The court also noted that Gager had been given several opportunities to redeem the property but neglected to do so, undermining his claims of being denied the chance to redeem.

Likewise, appellant contends that he was denied permission or an opportunity to redeem but he offered no evidence in substantiation thereof.

Conclusion

The Court of Appeals affirmed the lower court's decision, concluding that Gager's rights of redemption were forever foreclosed and that Kasdon was vested with an absolute title to the property.

Judgment affirmed, with costs.

Who won?

Lawrence I. Kasdon prevailed in the case because the court found that Gager had not exhausted his administrative remedies and failed to redeem the property despite having opportunities to do so.

Affirmed.

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