BELWARD FARM - JOHNS HOPKINS UNIVERSITY
LAWSUIT

Two important documents that give perspective on the dealings of Johns Hopkins:
INTERNAL LETTER FROM JOHNS HOPKINS IN 1988

TEN TERMS OF AGREEMENT, BELWARD FARM


Update email to residents about the CCT Advisory Committee debacle, Sept. 17, 2014

Maryland Court of Appeals refuses to hear Belward Farm case, Mar. 25, 2014Maryland Court of Appeals refuses
to hear Belward Farm case, Gazette, March 25, 2014

Johns Hopkins vs. MoCo farm: Whose wishes should prevail?, Washington Post Feb. 28, 2014

REPLY IN SUPPORT OF PETITION from the family of Elizabeth Banks, Jan. 27, 2014

ANSWER TO PETITION FOR WRIT OF CERTIORARI from Johns Hopkins, Jan. 22, 2014

Plaintiffs in Belward Farm Lawsuit Announce Intentions to Petition Maryland's Highest Court in Continued
Effort to Preserve Land and Donor's Intent, November 22, 2013

Decision of the Maryland Court of Special Appeals, November 22, 2013

Hopkins has respected Belward restrictions, October 23, 2013, response by Fritz W. Schroeder, Baltimore.  
The writer is vice president for development and alumni relations at Johns Hopkins University. (See original
article below.)

Will Hopkins respect its donor's wishes?, October 16, 2013, The Baltimore Sun, By Anne D. Neal, president of
the American Council of Trustees and Alumni (ACTA) and co-author of "The Intelligent Donor's Guide to College
Giving."

Press release regarding the hearing from the family of Elizabeth Banks, Sept. 4, 2013

Notes from the Belward Farm/Johns Hopkins hearing in the Court of Special Appeals. September 3, 2013

Belward Farm Successors File Appeal Brief Challenging MD Court Ruling Granting Johns Hopkins University
Carte Blanche Development Rights, April 22, 2013

Maryland Life Magazine, Belward Farm is chosen by Preservation Maryland as one of the top ten endangered
properties, 2013
"The Civil War-era Belward Farm, owned by the Banks family for over 100 years, is one of the last remaining
farms in the Gaithersburg region. To preserve it, Elizabeth Banks sold the land to Johns Hopkins at a greatly
reduced price with the understanding that the university would build a small-scale facility there. Upon her
death, Hopkins reneged. It now plans to erect a high-rise commercial complex on the site, which will destroy
most of the pristine farm."  

Belward Farm and our Truth- and Transparency-Challenged County, North Potomac Patch, February 27, 2013

Internal letter from Johns Hopkins University-early negotiations for Belward Farm, March 11, 1988

Donated Land Is Battlefield, Wall Street Journal, January 22, 2013

Carter Phillips of Sidley Austin LLP to Represent Belward Farm Successors’ Appeal in Donor Intent Lawsuit
Against Johns Hopkins University, January 8, 2013

New appeal over JHU’s plan to develop Belward Farm, Gazette, November 15, 2012

Belward heirs appeal suit against Johns Hopkins University, Washington Business Journal, November 15, 2012

Family to appeal decision over Hopkins planned research institution in Gaithersburg
Judge ruled Friday that Hopkins could move forward with no development restrictions, October 29, 2012

Belward Farm Successors to File Appeal in Johns Hopkins University Development Lawsuit, October 29, 2012

Statement from Johns Hopkins Regarding Belward Litigation, October 26, 2012

Johns Hopkins, Seriously, Are You Freaking Kidding Me?, October 25, 2012

JHU - Reply in Support of Its Motion For Summary Judgment, October 19, 2012

Newell - Reply Memorandum in Support of Plaintiff's Motion for Summary Judgment, October 19, 2012

Belward Farm v. Johns Hopkins Lawsuit: Plaintiffs File for Summary Judgment, Sept. 24, 2012

Hopkins, Former Heirs, File Cross-Motions for Judgment on Belward Farm, Sept. 26, 2012

Commentary on the Belward Farm/Johns Hopkins lawsuit by Richard L. Fox, who heads the Philanthropic and
Nonprofit practice at Dilworth Paxon LLP in Philadelphia, July 2, 2012

A November 13, 2012 trial date has been set in the development dispute between the successors of Belward
Farm and Johns Hopkins University.    July 6, 2010

Give To Your Alma Mater, But Do So With Open Eyes, May 31, 2012

Belward Farm should not be part of transit plan, May 30, 2012

Property owners in Germantown offer cheaper Corridor Cities Transitway, Gazette, May 25, 2012

Belward Farm/JHU Lawsuit Moves Forward: Judge, Hearing Details Assigned

FRANSEN: Higher education’s bait and switch, Universities eager for donations but reluctant to use them as
promised, March 9, 2012
Interesting paragraph from above article:
"Over time and after a changing of the guard at the university, Hopkins announced plans to build a high-
density commercial research-and-development office park on the property.
Montgomery County officials,
smelling money, eagerly approved the revised plans. What's particularly troublesome is that local officials, in effect,
became co-conspirators in the university's effort to shaft the donor."

Honoring donors' intent, The Examiner, March 31, 2012

Battle for Belward farm continues with Hopkins, The Sentinel, March 22, 2012

Heir To Former Belward Farm Owner Excited For Progress In Hopkins Case, NorthPotomacPatch.com, March
14, 2012

Hopkins' Motion to Dismiss is Denied, Memorandum Opinion, March 9, 2012

Johns Hopkins must respond to legal action seeking to limit development, Gazette, March 13, 2012

Judge denies Johns Hopkins’s efforts to dismiss suit challenging Belward Farm plans, Washington Post,
March 12, 2012

We’d Be Glad to Have Your Farm!, John William Pope Center, Feb. 28, 2012

Community Defends Belward In Response to Gazette Editorial, Patch.com, Feb. 23, 2012

Johns Hopkins lawsuit highlights questions about schools’ obligations to donors, Washington Post, Feb. 20,
2012

Hopkins plan fits with spirit of agreement, Gazette, Feb. 16, 2012..
To read the comments sent to the Gazette in rebuttal of the above editorial, click here.

Tim Newell Issues Statement Awaiting Belward Ruling, Patch.com, Feb. 10, 2012

Belward Farm: The 1997 Plan vs. the Current Plan, North Potomac Patch, February 7, 2012

Belward Farm, Hopkins await judge’s ruling (MD), Estate of Denial, February 7, 2012

Belward Farm, Hopkins Await Judge's Ruling, North Potomac Patch.com, Feb. 2, 2012

In pursuit of profits, Hopkins ignores donor's intent, Washington Examiner, Jan. 31, 2012

Updated: Belward, Hopkins Ready For Wednesday Hearing, Patch.com, Jan. 31, 2012

Johns Hopkins sued over plans for Belward Farm, Washington Post, Jan. 31, 2012

Feb. 1 hearing scheduled on Belward Farm/Johns Hopkins University dispute (MD), Jan. 28, 2012

Elizabeth Banks’ Intentions for Belward Farm, Patch.com, January 26, 2012

Johns Hopkins Donor's Family Sues University, NonProfit Times, January 1, 2012

Locals Voice Displeasure With Hopkins' Plan for Belward, Patch.com, January 13, 2012

Plaintiff's opposition to motion to dismiss, January 7, 2012

Owner Intent Should Guide JHU’s Development Plans, Preservation Maryland, January 6, 2012

Hearing Date Set for Belward, Hopkins, Patch.com, January 6, 2010

Hopkins sued over planned Science City, Sentinel, December 29, 2011...Keep in mind as you read this article
that Nancy Floreen received over 50% of her campaign funds from developers.

Belward farm family says Johns Hopkins violated their trust, Washington Examiner, December 26, 2011

Family: Johns Hopkins has broken promises before, Washington Examiner, December 26, 2011

Johns Hopkins: ‘No plans to build housing at Belward’, Washington Post, December 21, 2011

Hopkins plan disrespects a benefactor, Washington Post, December 21, 2011

Johns Hopkins battles for Belward Farm over dissent of former official, Washington Post Capital Business,
December 20, 2011

Former Johns Hopkins University Fundraising Official Speaks Out in Support of Belward Farm Donor Family as
University Responds to Their Lawsuit, Press Release, December 20, 2011

Colleges must respect donor intent, Tim Newell, December 19, 2011

Johns Hopkins might betray wishes of late activist who sold it Gaithersburg farm,  Washington Post, December
17, 2011
Comment on the above article

Land donors sue JHU to block Science City development, Greater Greater Washington, December 1, 2011

Family sues Hopkins over Belward, Baltimore Daily Record, Nov. 23, 2011

Phi Beta Cons, National Review, November 22, 2011
Games Universities Play: And How Donors Can Avoid Them

Lawsuit strikes at heart of Montgomery County’s ‘science city’, Washington Post, Nov. 20, 2011

Heirs seek to block Johns Hopkins development in Gaithersburg, Gazette, November 11, 2011

PRESS RELEASE, November 10, 2011

WRIT OF SUMMONS and COMPLAINT, November 10, 2011
EXHIBITS

Late Farmer's Legacy protects the Darnestown land she loved, Gazette, January 6, 2005

Obituary for Elizabeth B. Banks

DECLARATION OF COVENANTS, EASEMENTS AND RESTRICTIONS, September 24,1997

DEED, January 9, 1989

Belward Farm’s late owner, Elizabeth Banks, devoted her life to the care and maintenance of the farm which had
been in her family for over 100 years.  She spurned developers who wanted to build residential or commercial
projects on her farm but Montgomery County wanted very much to develop this farm, one of the last remaining
properties in the area.  

In the 1980’s, the County officials brought in Johns Hopkins University to convince Ms. Banks that the University
would build an academic campus on her farm.  Ms. Banks agreed to their proposal to build the campus and to
use a smaller portion of the farm for commercial development in order to fund the construction of the campus.  

Ms. Banks sold Belward Farm to the University for $5 million rather than the $54 million she had been offered by
other developers
in order to have an academic campus on her farm.  The University wrote the deed with
enough language to convince Ms. Banks they would honor her intentions, but included loopholes to give the
University "flexibility".

Then the officials at Johns Hopkins
and  Montgomery County simply waited for Ms. Banks to die.  Soon after her
passing, the County, at the request of Johns Hopkins, rezoned Belward Farm for a h
igh-rise, high-density
commercial office complex which will accommodate over 15,000 people
 This is the classic definition of FRAUD
IN THE INDUCEMENT but nobody at Hopkins, the Montgomery County government or the State of Maryland
seems to be bothered by this
.  

There are no plans for Johns Hopkins to have a presence on B
elward Farm.  Instead, 99-year ground leases are
being offered
based on the points in the deed that were added by Hopkins to give them "flexibility".  The recent
Master Plan, promoted by the University, requires that only 40% of the property
needs to be “science-related”.

The obituary for Ms. Banks stated:  "Her love of the land led Ms. Banks and her family to sell Belward Farm at a
gift price to Johns Hopkins University to ensure its development as a campus instead of a housing or
commercial complex."
 Obviously, Ms. Banks’ intentions for Belward Farm are being completely ignored by the
University she chose to serve as the steward of her beloved farm.

On November 10, 2011, Ms. Banks’ heirs filed suit against Johns Hopkins University in an attempt to force the
University to honor the donative intent of Elizabeth Banks.
 Unfortunately, the courts allowed Hopkins to prevail.