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RAY SULLIVAN, et al. v. QW PROPERTIES, LLC

Ray Sullivan and Mary Mulvihill appeal the decision of the Circuit Court for Anne Arundel County that ruled on a petition for judicial review filed by QW Properties, LLC, appellee. Appellee’s petition for judicial review challenged the decision by the Annapolis Board of Appeals to deny appellee’s application for approval of a residential planned development known as The Reserve at Quiet Waters. The Circuit Court found the Board’s denial was arbitrary and capricious, reversed the ruling of Annapolis Board of Appeals, and ordered that appellee’s application be approved.

Appellants present three questions:

1. Whether the Board of Appeals’ interpretation of its own voting procedure rule was arbitrary and capricious.

2. Whether the Board of Appeals’ denial of the application was supported by substantial evidence.

3. Whether the Board of Appeals’ written opinion sufficiently recited its factual findings underpinning its denial of the application.

Read the unreported opinion.