Lawsuit over Muslim retirement subdivision in Joppatowne going to mediation

A federal lawsuit over a townhouse subdivision in Joppatowne being marketed as a retirement community for Muslims is heading to mediation after the parties agreed to postpone an upcoming hearing on the owner and builder’s injunction request.

OT LLC, which owns the subdivision, and Gemcraft Homes Inc., the builder, filed suit in U.S. District Court in September alleging religious discrimination is behind Harford County‘s refusals to issue additional permits without “burdensome and costly obligations” to the Joppatowne community.

An amended complaint filed in December added allegations and plaintiffs, accusing county government officials of “placating a vocal group of protesters.”

A county spokeswoman said Monday officials “will continue to make efforts to resolve this matter consistent with the Harford County Code and county requirements and policies.”

A hearing on the plaintiffs’ request for an injunction requiring the government to issue necessary permits so construction can continue was scheduled for Feb. 13 and 14 but in a teleconference recounted in court filings Thursday the parties consented to a postponement. U.S. District Judge George L. Russell III referred the case to a federal magistrate judge for mediation to be scheduled some time after March 1.

In the coming weeks, the plaintiffs were instructed to work with non-party Fidelity & Deposit Co. of Maryland to obtain documents related to performance bonds sought under a subpoena. F&D objected to the requests and counsel for the company claimed it was unaware of responsive documents in some cases or would be unable to locate original copies in time for the scheduled hearing.

The county has also allegedly told OT and Gemcraft that surety bonds previously in place “are no more” and new bonds are required to secure development work they county says must be completed but have produced no evidence that the bonding company cancelled the bonds.

Russell ordered a status report be filed within five days of the mediation informing the court of what motions remain pending and whether mediation was successful.

OT and Gemcraft are represented by Kramon & Graham P.A. in Baltimore. Attorneys there declined to comment on the lawsuit Monday.

Construction delays

Construction of five townhouses began in April, and the units were scheduled for completion by the end of September with closing dates scheduled with buyers. But in early September the county attorney informed OT no more building permits would be issued without conditions being met, and use-and-occupancy permits for the completed homes were not issued.

The lawsuit alleges the county defendants began delaying the project, which had proceeded normally, in response to public objections to the development, which is being marketed to members of the Ahmadiyya Muslim Community. The plaintiffs have said the community is open to anyone 55 or older.

The majority of the buyers lined up are coming from out of state and had closings on their new homes delayed indefinitely, the plaintiffs alleged.

Republican Dels. Richard K. Impallaria and Patrick L. McDonough, whose districts includes the subdivision, are also named in the suit. Both have denied any discriminatory motive in suggesting county officials should ensure the project is in compliance with county regulations and communicating with their constituents about the subdivision.

The delegates last month filed a motion to dismiss, arguing the plaintiffs failed to state claims against them because they expressed no “anti-Muslim animus” and are not responsible for any of the alleged harm claimed.

The county defendants also filed a motion to dismiss or for summary judgment in December, arguing OT and Gemcraft lack standing to bring some of the claims and fail to state a claim in others.

The case is OT LLC et al. v. Harford County, Maryland et al., 1:17-cv-02812-GLR.