By Jamie Smith Hopkins, The Baltimore Sun
11:08 AM EDT, July 13, 2011
A Baltimore City Circuit Court judge has ruled that a lawsuit over mold in one of the ritzy Harborview condos can proceed to trial.
Paul C. Clark, who bought a penthouse at the Inner Harbor complex for more than $1.1 million in 2009, is suing Zalco Realty and the 100 Harborview Drive Council of Unit Owners for $5 million. He contends that the defendants knew of water and mold problems before his purchase but issued him a "resale certification" that stated they were aware of no building or health code violations.
In a ruling last week, provided to The Baltimore Sun by Clark's attorney, Judge John Addison Howard said the case did not have to be heard by an arbitrator rather than a jury. "In this instance, the alleged fraud … clearly occurred before Plaintiff was subject to the relevant arbitration clause," he wrote.
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