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WHISTLER BURCH, ET AL. v. BALTIMORE COUNTY, MARYLAND, ET AL.

This appeal arises from the denial of a motion for a preliminary injunction in the Circuit Court for Baltimore County. Appellants are four property owners who reside near a 20-acre property (the “Property”).  Half of the Property was owned by the Board of Education of Baltimore County, and half was owned and operated by Baltimore County under Program Open Space (“POS”).

In 2011, Baltimore County proposed to build an elementary school on the portion of the Property owned under POS and to acquire the other half of the Property as a replacement property for POS. In 2013, the Maryland Department of Natural Resources (“DNR”) approved the conversion and replacement. Subsequently, appellants filed suit against Baltimore County, the Board of Education of Baltimore County, and DNR, appellees, arguing that conversion of the Property violated numerous statutory and administrative provisions regulating when POS land may be converted.

Read the unreported opinion.