Zoning — Wind farm — Variances This case concerns the rejection of an application for variances to the setback and separation distance requirements for a wind farm in Allegany County. Read the opinion hereRead More »
Zoning – Automobile dealership — Manufacturing, light-industrial This case arises from a petition for judicial review in the Circuit Court for Baltimore County, of the Baltimore County Board of Appeals’ decision regarding a commercial property zoning dispute. Appellee/Cross-Appellant TTV Properties ...Read More »
Zoning — Nonconforming use — Termination Nonconforming uses, that is, uses prohibited in a zoning district but allowed to continue because they predate the law, are disfavored in Maryland: [N]onconforming uses pose a formidable threat to the success of zoning. ...Read More »
WESTMINSTER LIVESTOCK AUCTION & AUCTION SERVICES, LLC, ET AL. v. MAYOR & COMMON COUNCIL OF WESTMINSTER
Zoning — Grant of variance — Sufficient reasoning This case involves an administrative appeal from a decision of the Carroll County Board of Zoning Appeals granting a request for a variance filed by the City of Westminster’s Department of Public ...Read More »
Zoning — Rezoning — Grandfathering law Karl Kiesling, Kevin Kauders, and Anne Franey appeal from a judgment of the Circuit Court for Baltimore County, the Honorable Paul J. Hanley presiding, which affirmed a decision of the Baltimore County Board of ...Read More »
Zoning — Consistency with master plan — Substantial evidence This appeal arises from a Petition for Judicial Review of the Board of County Commissioners of Carroll County’s (the “County Commissioners”) decision in Rezoning Case Number 224 dated January 14, 2016, ...Read More »
COUNTY COUNCIL OF PRINCE GEORGE’S COUNTY, MARYLAND SITTING AS THE DISTRICT COUNCIL, ET AL. v. WALMART REAL ESTATE BUSINESS TRUST, ET AL.
Zoning — Planning-board jurisdiction — Approval by special exception In February 2014, appellee, Wal-Mart Real Estate Business Trust (“Applicant”), requested approval of Detailed Site Plan application 89063-07 (“DSP 89063-07”) to expand an existing vacant retail building within the Duvall Village ...Read More »
Real property — Express utility easement — Scope The underlying case involves a dispute over the scope of an express utility easement granted in 1986. The developer of the Lancaster Neighborhood located in Charles County, Maryland, granted Southern Maryland Electric ...Read More »
Zoning — Sectional map amendment — Standing In 2009, Patricia Mugg O’Neal filed a petition for judicial review of a decision of the County Council of Prince George’s County, sitting as the District Council, which (i) enacted a sectional map ...Read More »
Frank Bazzarre et al. v. County Council of Prince George’s County Maryland, Sitting as the District Council, et al.
Zoning — Injunctive relief — Mootness In this opinion, we address appeals from eight judgments entered by the Circuit Court for Prince George’s County affirming 2013 legislation by the County Council of Prince George’s County sitting as the District Council ...Read More »