Quote:
Originally Posted by Prison Bitch
Well I'm no attorney so I'll defer to others on legal issues. From what I read, Maryland is arguing they will pay a penalty but only what their damages actually are. The ACC is asking for $50M per the contract. If you are right, then there is no case here and Maryland owes whatever's in the contract under "property rights". But if there is a case.....?
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Again, you are applying contract law to a property rights issue.
The ACC has to prove their damages because in the laws of every state (or at least both MD and NC), an exit fee must be a good-faith estimate of damages.
No one is trying to estimate damages in a GOR. Why would they? It is a sale of a property from one party to another (or maybe call it a lease since its just 13 years, but property rights still apply)
If you sell me your car and two years later you prove that the damages of me having to give you your car back are only $1,000 because of depreciation and that wreck I had last month, etc, you cant then ask the court to order me to sell you your car back to you for my $1,000 damages. You could offer me a million dollars, and I can still tell you to buzz off, I'm keeping the car.