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Dispute at farmers market results in rent suit
Originally published November 22, 2009


By Pam Rigaux
News-Post Staff

Dispute at farmers market results in rent suit
Photo by Bill Green


Stephanie Smith shops for produce on Saturday morning on the last day of the West Frederick Farmers Market off Baughman's Lane.
Farmers weren't sure what to expect on Saturday when they got to West Frederick Farmers Market behind the Medical Center on Baughman's Lane.

The landlord, Dr. Mohammed Mohiuddin, is suing them for more than $4,800 in back rent plus fees he alleges are owed since 2007, said Wendy Barth, farmers market manager. He mailed them a warning note informing them not to be at the market if they didn't pay, she said.

Barth informed Mohiuddin they absolutely would be there. In a letter that Barth's husband, Charles Barth, hand delivered to Mohiuddin on Nov. 16, he wrote:

"This is a ridiculous situation that has been blown out of all reasonable proportions. Five days before the last Saturday market, after 14 years of peaceful use ... you have peremptorily demanded $4,800 for use of your parking lot for the market's last day. I suggest that you abate your demands and that the market proceed on Saturday."

Reached for comment Saturday, Mohiuddin provided the following statement by e-mail: "We wholeheartedly support the Farmer's Market and its contributions to Frederick County, and would like for them to continue their important service. The issue here is a legal matter in that they have not paid for the use of our property for the past three years. This is what we are seeking to resolve."

A showdown was anticipated, but there were no conflicts at the market. Farmers merely voiced their concerns.

Rohrer's Meats co-owner Danny Rohrer said relocating would be like starting all over again. Business has been strong here.

A farmers market in Washington County that moved lost 50 percent of its clientele the first year, he said.

"I'm not crazy about paying back rent. I would be willing to pay a front rent," Rohrer said.

He would like a five-year contract with the landlord. Mohiuddin is offering them two years at $2,000 per year, he said. They currently have no written contract, he said.

Summer Creek Farm owner Rick Hood said he is working with the county's Office of Economic Development and the City of Frederick to identify new sites. One place they're considering is Kmart's parking lot on the Golden Mile.

Other sites in the city are also being considered, Hood said.

West Frederick Farmers Market's members range from 15 to 20 farmers in a given year. They met last Saturday to vote on what to do, Wendy Barth said. The majority voted against back rent but they agreed to pay a $2,000 annual rent for the next two years.

Mohiuddin has owned the property since 2007, but he never introduced himself, Barth said. She identified Mohiuddin as the property owner through tax records and later informed him he was charging them back rent for a year he did not even own the property, she said. He acquired the property, Baughman Professional Build LLC, in January 2007, she said. Charles Barth alleges in his letter to Mohiuddin that he attempted to collect money from the market for land uses in 2006.

Members of the farmers market have repeatedly tried to enter a good-faith negotiation with the current landlord but he never responded to them, Hood said.

"We had a contract with the previous landlord to be here for free," he said. "We're the biggest market in the county. We could certainly use a bigger location."

The hearing in Frederick County District Court is scheduled for Nov. 30, Wendy Barth said.



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