Timeline showing Court-related events

“COA” is “Court of Appeals” and “COSA” is the “Court of Special Appeals”, both located in Annapolis. "BOE" is the Howard County Board of Elections. Bill Erskine is a lawyer with Offit/Kurman in Maple Lawn. He represents the Moxley family and Normandy Ventues LP, et al, in the referendum litigation. Mr. Erskine is the attorney who filed to seek the arrest of the petition circulators. The firm he is associated with, Offit/Kurman, represented as a resident agent, Line of Sight LLC (CEO is Margaret Weinstein, wife of Jon Weinstein running for County Council in District 1). Sang Oh is a lawyer and major lobbyist with Talkin & Oh in Ellicott City. He represents Donald Reuwer and Joe Rutter. Kevin Karpinski is a lawyer in the firm of Karpinski, Colaresi and Karp in Baltimore.

NOTE: Each filing with the COA or COSA in Annapolis requires either a $50 or $60 “filing fee”. In addition, filing with the COA requires 7 copies of whatever papers are filed, with an additional copy-“date stamped” for our counsel’s file. In addition, the 3 lawyers in the Opposition have to get the papers filed-either hand-delivered to them or mailed-and on the same day of filing. Filings/motions are NOT just one page, so a large amount of money has been spent to date on doing this. This is why we need contributions to our cause.

June 8, 2013            Meeting is held between Susan Gray, Frederick Gray, Jane Gray, Alan Schneider, Lisa Markovitz, Barbara Sollner-Webb, et al discussing the upcoming problems seen in zoning.

July 16, 2013           Meetings and rally (7/16) at Howard County Office Building re farm community concerns; many meetings with DPZ and Council were held up to this time.

July 4, 2013             www.FixHoCo.com website is created in anticipation of referendum and need to get resources and information to communities around the County. (Site bought 7/5/2013 for 1 year and has been renewed in 2014,)

July 25, 2013           Howard County Council passes the H.C. Comprehensive Zoning Plan 2013.

August 6, 2013       Ulman signs the HCCZP 2013 this date.

August 16, 2013     CWFHC 9FixHoCo) files with the Board of Elections, HC, to take parcels, appealed parcels and terms/limitations in the CZP to referendum:

August 20, 2013     Petition was OK’d by BOE and was picked up 8/20/2013 (Tuesday) and work began.

Sidebar: Michael Molinaro was the original BOE attorney. FixHoCo asked him to recuse himself up front and he refused. He was representing BOE when they approved our petition forms. After we got enough signatures, Molinaro realized he had a conflict after all Erskine asked them not to certify and gave the BOE the reasons. They held no hearing and arbitrarily decided not to certify even though we had enough signatures.     

August 23, 2013     Meeting/training session held at pavilion on GCC property. 30 people came and were trained and received the approved petitions to have signed.

August 24, 2013     Collectors start gathering signatures for the “first round” (approximately 3176 needed, based on the total votes cast in Howard County for governor-105,857 and 3% of that number or 3176. The Howard County Council had increased the % of the number of signatures required in one of their recent sessions, so as to make it even more difficult to gather those signatures.)

October 4, 2013     First half of signatures gathered (3476 on 781 pages or 300 signatures more than required in the “first round”). Ok’d to continue gathering. (We had not stopped, we were continuing to gather.)

October 30, 2013  Unknown to the Collectors and FixHoCo, hereinafter “The Opposition”, (Lawyers Oh and Erskine; for the Board of Elections, then he withdraws due to “illness” and now we have Karpinski from Baltimore),  begin to gather petitioners for their side (Moxley, Murn, Ashais, Chopras, Maple Lawn Farms, Tertel Estate, Normandy Limited Partnership, and later, Hoddinott Estate and Curtis Trust) Apparently, they had somehow learned from the BOE that the collectors had gotten enough valid signatures of voters, BUT Guy Mickley at BOE would send out a letter…(see November 26)

The opposition also applies for a Petition for Judicial Review this date. Again, NO notice(s) received by FixHoCo. BUT, the Opposition-Sang Oh- began proceedings even while the signatures were still being gathered and had not even been counted…

(Each Document listed. Documents are listed in Document No./Sequence No. order)

Doc No./Seq No.:


File Date:

10/30/2013Entered Date:11/01/2013Decision:

Party Type:

PetitionerParty No.:1

Document Name:

Petition for Judicial Review

November 4, 2013            After the Board of Elections tried to say we had only until November 1st to gather, we showed them that we actually had until November 4th, and we delivered 6954 signatures that day, plus the paperwork required.

November 26, 2013 (day before Thanksgiving)         Guy Mickley of the HoCo BOE said even though we had obtained enough signatures, and with a vaguely-worded statement of “…not a fair and accurate summary…” the signatures would not be accepted.

December 6, 2013 After receiving Guy Mickley’s letter, Susan Gray files a lawsuit with plaintiffs Carol Jane Gray, Frederick Gray, Lisa Markovitz and Alan Schneider. (Candy Warden would be added later.)

December 9. 2013 Opposition files a motion to Dismiss, which is denied.

December 11, 2013 Chief Judge of HC Circuit Court, Lenore Gelfman, orders a hearing.

December 26, 2013 Opposition files a Motion to consolidate, which is granted.

Cases: 13 C 13 097213, -097220, -097230, and neither FixHoCo (or its plaintiffs in the case Susan filed on December 6) nor Susan Gray are notified in any way about this consolidation.

January 8, 2014     Hearing in HC court in front of Judge Sweeney, and somehow, FixHoCo has become plaintiffs against BOE and the Opposition clients. The Opposition also asks for “consolidation of cases”. Susan Gray thinks this is because then the Opposition could ask for dismissal, and all the cases could be summarily dismissed.)

                                    AGAIN, NO NOTICE OF THE HEARING ON 1/8/2014, BUT THEN, FINALLY, PAPERWORK STARTS COMING TO SUSAN. AND the outcome(s) from this hearing are nowhere noted on the court docket.

January, 2014         The Opposition starts filing papers and for “discovery” (1/31/2014). Judge Bernhardt has been given the case.

January 24               Calendar management notice is finally received by Susan.

January 28-29         Susan and Jane Gray (not related) and Alan Schneider start photocopying documents at the Courthouse in the “Civil Case area”.

                                    What is found is that a hearing was held before a judge (Sweeney), cases were prepared using plaintiffs from Fix HoCo-WITHOUT OUR OR SUSAN’S KNOWLEDGE- and then the opposition tried to scramble the parts of the cases, get them consolidated and summarily dismissed. This would, in effect, throw out the Referendum.

January 29               Susan writes a letter to Lenore Gelfman, chief judge of Howard County Circuit Court, asking her to recuse the judges from Howard County, and…

February 3, 2014   John Tisdale from Frederick (well, he IS out of Howard County), becomes the judge.

February 10-11
and March 7            Susan and Jane again photocopy tabs and papers from a 3-(large) binder of the petitions and other exhibits and filings at the HC Court house. They also listen to the “hearing” that was held on January 8, when the opposition met with Sweeney and FixHoCo was not notified, thus was not represented at the meeting. The transcript is purchased by FixHoCo to verify misrepresentations by the Opposition.

February 2014        Motions/filings/status/exhibits etc. are filed on both sides.

March 12, 2014     A hearing is held in HC Circuit court under Tisdale:


File Date:

03/12/2014Entered Date:03/13/2014Decision:

Document Name:

Open Court Proceeding

Hearing on Motions
INT1-10's Motion to Intervene (10000 filed in case 13/097230): Granted
ADA1's Motion to Dismiss (4000): Denied
ADA1's Supplemental Motion to Dismiss (8000): Denied
PLT1-4, PET16, ITP2's Motion to Alter/Amend Judgment (22000): Denied
PET9,23,23,26's Motion to Supplement Agency REcord (35000): Granted
PET11-14's Motion to Strike (38000): Deferred
PET11-16's Motion Motion to Supplement the "Record" (40000): Granted
PET11-16's Motion to Ensure Court Order Reopening Cased is Effectuated and Motion to Correct the Docket (41000): Granted in part/Denied in part
PET11-16's Motion to Dismiss for Lack of Justiciability and/or Standing (42000): Denied
PET11-16's Motion for Partial Summary Judgment (43000): Sub curia
Pet11-16's Motion for Protective Order and Sanctions (Undocketed to date): Denied
Court to prepare and issue Orders
Court grants leave for counsel (Oh, Esq) to file a Motion re staying of declaratory judgment issue by March 17, 2014 and allows response by March 24, 2014

March 18, 2014     Susan files appeals to leave HC Circuit Court to get our cases out of Howard County.  Court of Appeals denies the motion.

Notice of Appeal to COSA as to 13-c-13-97213

Filed by PLT003-Schneider, PLT002-Gray, PLT001-Gray, PLT004-Markovitz
03/18/14 PHC forms signed
05/14/14 Received -Deposition of Appeal in Court of Appeals: April 8, 2014: Ordered, by the Court of Appeals of MD, that each case above be, and the same is hereby dismissed, pursuant to MD Rule 8-602(a)(1), it appearing that the Court lacks appellate jurisdiction because the Circuit Court has not entered final judgement and no appealable interloctury judgment of collateral order has been rendered; and it is further Ordered, that each party shall bear its won costs and counsel fees relating to the Court's consideration of the papers and pleadings filed with the Court; and it is furhter Ordered, that the cases be remanded to the Circuit Court for furhter proceedings.

March 18, 2014     And more…

03/18/2014Entered Date:03/19/2014Decision:

Party Type:

PlaintiffParty No.:1

Document Name:

Notice of Appeal to COSA as to 13-c-13-97230

Filed by PLT001-Gray, PLT004-Markovitz, PLT002-Gray, PLT003-Schneider
05/14/14 Received -Disposition of Appeal in Court of Appeals: April 8, 2014: Ordered, by the Court of Appeals of MD, that each case above be, and the same is hereby , dismissed, pursuant to MD Rule 8-602 (a)(1), it appearing that the Court lacks appellate jurisdiction because the Circuit Court has not entered a final judgment or collateral order has been rendered: and it is further Ordred, that each party shall bear its won costs and counsel fees relating to the Courts consideration of the papers and pleadings filed with the Court; an it is furhter ordered, that the cases be remanded to the Circuit Court for Howard County for further proceedings.

 March 21, 2014    Susan and Jane making even MORE copies at HCCC.

March, 2014           Motions/claims/counterclaims, etc. are filed by both sides. Karpinski begins to represent BOE.

April 1, 2014           Susan files Petitions of Certiorari with COSA and COA. The trial that was supposed to be this date is postponed.

April 4, 2014           Transcript of proceeding on February 19, 2014 is entered into the docket, 42 days after the hearing.

April 9, 2014           COA denies Susan’s petition for Writ of Certiorari.

April, 2014               Motions/filings/requests/countermotions are filed all month by both sides.

April 25, 2014         Opposition lawyer Sang Oh, for his client Christopher Murn files for “discovery” since Tisdale has not rescheduled the hearing that was to have been on April 1, 2014. (See 85/0 in the CaseSearch files.)

                                    Susan requests a “correction” to the docket, since some documents in the 3 large binders have been removed/substituted/whatever, based on the copies that she made of the documents in March, 2014. This is unconscionable and was done by someone with access to the files, on up to the judiciary, in HC.

April 28, 2014         Susan makes a request for an “Emergency Hearing” and files an emergency motion to quash the subpoenas issued by the opposition and requests a protective order. She also attempts to get the Opposition’s counterclaims and cross claims.

                                    Judge Tisdale denies both. Susan now fully realizes the cases have to be taken out of Howard County.

April 30, 2014         Susan, Jane and Allen Dyer at HC Court House from 14:00 to 16:30 for “Emergency Hearing” with Tisdale to stop “discovery” and get the postponed from April 1, 2014 hearing scheduled. Tisdale “will call us” on the next day.

Allen Dyer joins Susan as “Co-Counsel”.

Also, on this day or on the next day in the morning when Allen, Susan and Frederick Gray were at the HC court house having been summoned by Tisdale, Susan’s house is burgled of papers relevant to the case(s) and petition sheets substituted without the word “net” on the back. The Howard County police are notified and investigate.

Tisdale enters a “stay” against the Opposition’s subpoenas AND all the other motions FixHoCo filed. (Note: he does NOT “quash” the subpoenas, they are just “stayed”, but Erskine has already started sending out the subpoenas, even before Tisdale grants the “stay”.

May 1, 2014            Allen, Susan, Lisa Markovitz and Frederick Gray, having been summoned to the HC court house, are told by Tisdale that there will be no recordings or transcript on the record since Erskine was not present and he claimed he couldn’t hear the proceedings. Frederick gets all the comments from the people in attendance for FixHoCo after the meeting and makes/signs an affidavit as to those comments being made by those in attendance.

                                    Someone attempts to gain entry to Frederick and Jane Gray’s house about 11:00. Jane did not attend the meeting due to illness. The voices stop suddenly and the 2 people (male) leave, when she calls out to the barking dog to come back and “who’s there?”

NOTE: The 5 people in the lawsuit against the Board of Elections were going to be REALLY ground down with what would be much longer video depositions AND requests for all records (phone, text, emails, letters, invoices, receipts, etc.) we possessed since January of 2013 concerning any aspects of the referendum and our possible involvement.)

May 2, 2014            Susan and Allen have a meeting with the subpoenaed Collectors to give them the pertinent facts about what’s being attempted by the Opposition.

May, 2014               Susan and Allen file an Interlocutory Appeal, motions, lifting the “stay” on all proceedings except “discovery”.

May 9, 2014            Again, Susan and Allen file a “Writ of Certiorari” with the COA.

May 14, 2014         Hearing on Judicial Review.


File Date:

05/14/2014Entered Date:05/14/2014Decision:

Document Name:

Open Court Proceeding

Hearing on Judicial Review
Petitions for Judicial Review are being held sub curia
Court retains file

May 21, 2014         And again, the Writ of Cert. is denied by the COA.

May 28, 2014         The entry on the court docket this day:

Memorandum and Order

ORDERED that the determination of the Howard County Board of Elections in actions originally identified as Case No. 13-C-13-96866 and Case No. 13-C-13-97220 be AFFIRMED and it is further ORDERED, that the determination of the Howard County Board of Elections in the action originally identified as Case No. 13-C-13-97213 be AFFIRMED and The Court having determined that there is no just cause for delay, it is further ORDERED, that each of the above shall constitute final judgments.
5/28/14 Copies Mailed.

May 30, 2014         And the Opposition AGAIN does this-and it is granted by Tisdale:

05/30/2014Entered Date:05/30/2014Decision:Granted

Party Type:

IntervenorParty No.:1

Document Name:

Motion to Compel Discovery w/Request for Hearing

Filed by INT001-Normandy Venture Limited Partnership, INT002-Maple Lawn Farm Inc, INT003-Moxley, INT004-Murn
6/19/14 copies mailed

May 29 to June 3, 2014   Now COSA turns us down:


File Date:

05/29/2014Entered Date:05/30/2014Decision:

Document Name:

Order from the Court of Special Appeals (Emergency Motion to Dismiss Appeal for

Lack of Apeallate Jurisdiction be and hereby is Granted, Ordered that the above captioned appeal be and hereby is dismissed as not allowed by law. MD Rule 8-602(a)(1))

Doc No./Seq No.:


File Date:

06/03/2014Entered Date:06/03/2014Decision:

Document Name:

Order--(The Court of Special Appeals having dismissed the appeal of this Court's

Prior stay of proceedings in the within action, Ordered that the stay of proceedings be vacated)
6/3/14 Copies Mailed

June 4, 2014            Susan and Allen file yet another Writ of Certiorari with the COA.


File Date:

06/04/2014Entered Date:06/04/2014Decision:

Document Name:

Notice from COA--petition for writ of certiorari has been filed

Doc No./Seq No.:


File Date:

06/02/2014Entered Date:06/05/2014Decision:

Party Type:

PetitionerParty No.:16

Document Name:

Notice of Appeal to COSA

06/02/14 PHC forms signed, rec'd $50 check for COSA

Doc No./Seq No.:


File Date:

06/05/2014Entered Date:06/06/2014Decision:

Document Name:

Mandate Received from Court of Special Appeals

Judgment: April 8,2014: Motion to dismiss appeal for lack of appellate jurisdiction filed by counsel for the appellees.
April 9,2014: Emergency motion to dismiss appeal for lack of appeallant jurisdiction filed by counsel for howard Co Bd of Elections.
April 25,2014: Emergency motion to dismiss appeal and motion to dismiss appeal are granted.
The appeal is dismissed as not allowed by law.
MD rule 8-602(a)(1)

June 4-
June 17,
2014         More filings/motions/etc. by both sides

June 17,
2014         Another hearing:


File Date:

06/17/2014Entered Date:06/18/2014Decision:

Document Name:

Open Court Proceeding

Hearing on Motions
Sang W. Oh, Esq for PET1/PET17/INT5/ITP1 (Shafqet Ashai); ---PET2/INT6/PET18/ITP2 (Riffat S. Ashai); PET3/PET19/INT7/ITP3 ---(Rajesh Chopra); PET4/PET20/INT8/ITP4 (Kirti Chopra); ---PET5/PET21/INT9/ITP5 (Jeanne C. Hoddinott); ---PET6/PET22/INT10/ITP6 (Estate of Gunther W. Tertel; ITP7 ---(Robert L. Fila) did not appear (excused from these ---proceedings)
INT11,12,12's Motion to Intervene (101000): denied
PET12,13,14,16's Motion to Strike or in Alternative Dismiss the ---Ashai Counterclaim and Crossclaim filed April 10, 2014 ---(91000): Sub curia
INT1,2,3,4's Motion to Compel Discovery (104000): Granted
Counsel's (Gray, Esq) Motion to Quash Subpoenas and for ---Protective Order (92000): Denied
PET11,12,13,14's Motion to Dismiss for Res Judicata (113000): ---Denied
Counsel's (Gray, Esq) Motion to Lift Stay on "All Proceedings" ---Except Discovery and for Expedited Action on Outstanding ---Motions (100000): Moot
INT1,2,3,4's Request for Status/Scheduling Conference and ---Emergency Hearing on All Outstanding Motions to be Set ---(111000): Moot
Court to prepare and issue Order(s)
Court holds file (Volume 3)

June 24, 2014         The day of the Primary election in Howard County. Lisa Markovitz loses by 200 votes-49 actual votes this day and 150 “write in” early ballots-as does another person lose by 200 votes and who was ahead in western HC. Votes were being counted by hand at the BOE in Columbia-no electronic results had been gotten- and no election results came in from Howard County until after 10:30 PM.

Same day                  COA denies our Writ of Cert.     

Same day                  Erskine begins to send out subpoenas, again, to 36 collectors.

June 26, 2014         And from COSA, another denial of our petition.


File Date:

06/26/2014Entered Date:07/11/2014Decision:

Document Name:

Mandate Received from Court of Special Appeals (00468, Sept term 2014)

Judgment: May 9,2014: Emergency Motion to dismiss appeal for lack of appellate jurisdiction filed by counsel for appelllees shafqet and Riffat Ashai. May 23,2014: Emergency motion to dismiss appeal granted. Emergency petition for expedited certification of Circuit Court jurisdiction denied. Appeal dismissed as not allowed by law. MD. rule 8-602(a)(1).
June 23,2014: Mandate issued.

June 30, 2014         Susan and Allen file another appeal to COSA

Doc No./Seq No.:


File Date:

06/30/2014Entered Date:07/01/2014Decision:

Party Type:

PlaintiffParty No.:4

Document Name:

Notice of Appeal to COSA (As to consolidated case 13-c-13-97230)

Filed by PLT004-Markovitz, PLT002-Gray, RES003-Citizens Working To Fix Howard County
06/30/14 PHC forms signed and $50 check rec'd for COSA

July 2, 2014             A motion filed by Susan and Allen to Tisdale to “stay” discovery is denied.

Doc No./Seq No.:


File Date:

07/02/2014Entered Date:07/02/2014Decision:Denied

Document Name:

Motion to Stay Discovery and Supporting Points & Authorities w/Emergency Hearing

Filed by Attorney: Susan B Gray Esq,Allen R Dyer 
7/31/14 Copies Mailed


July 8, 2014             Allen Dyer sends the following letter to Erskine, Oh and Karpinski, showing that he and Susan gray are now representing the current group of subpoena Collectors in the matter of the referendum.

Allen Dyer
Attorney at Law
13340 Hunt Ridge
Ellicott City, Maryland 21042
July 8, 2014

William E. Erskine
Offit Kurman
8171 Maple Lawn Boulevard, Suite 200
Fulton, MD 20759 

Sang W. Oh, Esq.
Talkin & Oh, LLP
5100 Dorsey Hall Drive
Ellicott City, MD 21042

Kevin Karpinski
Karpinski, Colaresi and Karp, P .A.
120 East Baltimore Street, Suite 1850
Baltimore, Maryland 21202 
Dear Mssrs. Erskine, Oh, & Karpinski:  

Please be advised that due to the continuing harassment of referendum circulators in this matter, a significant number of said circulators (other than parties) have sought legal counsel and many of those retaining counsel have asked and received counsel from Ms. Susan Gray and myself.  Including among who those have already become our clients in this discovery matter are:  Robert Cantor; Myra Phelps; Carol Scheidt-Thomas; Charlie Corcoran; David Conway; Shun Lu; Ellen Long; Frank Cockrell; Frankie Thomas; Greg Pereira; Hang An; Soon Park; Margot Maurer; Margaret Whyte; Jialing Xu; Mary Jane Whyte; Paul Collison; Amelia McConnell; Greg Pereira; Shirley Wilson; Tanya Spann Roche; Barbara Wasserman; Amy McConnell; and, Reginald Coler. And, more expected. 

As Ms. Gray and I have repeatedly explained, your efforts to depose the circulators of any referenda without proper cause constitutes a gross violation of the freedom of speech rights (including the most important speech right – political speech) of the circulators.  Accordingly, Ms. Gray and I place you on notice that our clients will not appear for your scheduled depositions pending the current appeal before the Court of Special Appeals.  Further, you are not to have any further communication with our clients.


Allen R. Dyer

July 8, 2014             And on the same day, yet another request to Tisdale to “stay discovery” is denied.         


File Date:

07/08/2014Entered Date:07/08/2014Decision:Denied

Document Name:

Amendment to Motion to Stay Discovery and Supporting Point and Authorities


Filed by Attorney: Susan B Gray Esq,Allen R Dyer 
7/31/14 Copies Mailed

July 8, 2014 NOTE: In trying to set up a meeting with Tisdale about this, his spokesperson at Howard County Circuit Court, Melissa Montgomery told Allen this:“i just spoke with Melissa (410-313-4184) and she said that Judge Tisdale is not in the Howard County courthouse today and is not scheduled to come back to Howard County until July 30th.  Furthermore, his appearance on July 30th is not related to our case.  Melissa also stated that she would notify all counsel if any action (scheduling a hearing, etc.) is taken in this matter.”

July 11, 2014           Today, 36 people start getting “Writs of Body Attachment” (see typical entry from “CaseSearch”-see below) which means the Sheriff can handcuff you and take you to the courthouse.        


File Date:

07/11/2014Entered Date:07/11/2014Decision:

Document Name:

Motion for Writ of Body Attachment for Failure to Obey Subpoena

Filed by Attorney: William Eric Erskine Esq


July 11, 2014           Susan and Allen file for an emergency hearing for Erskine’s filing of writs of body attachments and sanctions.

July 14, 2014           A similar filing is made at COA.

July 15-17, 2014    COSA is considering an “expedited appeal to proceed.”

                                    On “CaseSearch”, not entered until July 23, 2014, after all COSA judges were sent a letter from Susan.

July 18, 2014           Petition filed by Susan and Allen at COA for Writ of Cert.

                                    Three line transcripts (Jan 8, May 14 and June 17, 2014 are transmitted.

July 22, 2104           The Writ of Cert at COA is denied

July 24, 2014            COSA has the original record transmitted

July 28, 2014           Last entry on CaseSearch on August 2, 2014:


File Date:

07/28/2014Entered Date:07/28/2014Decision:

Party Type:

PetitionerParty No.:26

Document Name:

Amendment to Counter Claim and Cross Claim for Declaratory Judgment and

Injunctive Releif 
Filed by Attorney: William Eric Erskine Esq

August 4, 2014       Rally by FixHoCo outside the Maryland Court of Appeals building in Annapolis.

Hearing at COSA in Annapolis starting at 9 A.M.-each side has 20 minutes to present their case.


Whenever the COSA decides…

BUT we must have language on the ballot, by law, by August 18, 2014, in order for the referendum to be voted upon on November 4, 2014.