Sign In
Free Newsletter
HOWARD COUNTY, MARYLAND v. RUSSELL A. McCLAIN, et al.
Zoning — Textual amendment — Illegal special law This case presents an uncommon occurrence―a successful constitutional challenge to a zoning authority’s textual amendment. Glenelg Country School (“GCS”) was granted an exclusive use easement by Appellees, a group of persons who own pipestem strips of land adjacent to GCS’s property. In order to build on and […]
SUSAN DZUREC, ET AL v. BOARD OF COUNTY COMMISSIONERS OF CALVERT COUNTY, MARYLAND, ET AL
Zoning — Comprehensive plan — Conflict of interest This is an appeal from an order of the Circuit Court for Calvert County, granting summary judgment. Appellants, Susan Dzurec, Phyllis Sherkus, Michael King, and Myra Gowans, filed a Complaint for Declaratory Judgment on December 30, 2019 and a Second Amended Complaint for Declaratory Judgment on September […]
KATHY HUDSON, ET AL. v. MAYOR AND CITY COUNCIL OF BALTIMORE, ET AL.
Zoning — Planned unit development — Applicable ordinance A group of residents in the Roland Park neighborhood of Baltimore objects to the prospect of an eighty-foot tall apartment building on a parcel of undeveloped, wooded land located near the intersection of Falls Road and Northern Parkway. In practical terms, they complain the building would block […]
K. HOVNANIAN’S FOUR SEASONS AT KENT ISLAND, LLC v. ROBERT FOLEY, et al.,
Zoning — Development agreement — Time limit K. Hovnanian’s Four Seasons at Kent Island, LLC (“Hovnanian”), appellant, a developer of a mixed-use age-restricted community project appeals from a judgment entered by the Circuit Court for Queen Anne’s County, which reversed a decision by the Queen Anne’s County Board of Appeals (“the Board of Appeals”). Read […]
ALLEGANY NEIGHBORS & CITIZENS FOR HOMEOWNER RIGHTS, LTD., et al, v. DAN’S MOUNTAIN WINDFORCE, LLC, et al.
Zoning — Special Exception — Wind turbines Dan’s Mountain Wind Force, LLC, seeks to construct 17 wind turbines and an electrical substation on leased property on Dan’s Mountain in Allegany County. The Allegany County Code permits the construction of wind turbines as a special exception in the zoning districts where the project is proposed but […]
BOARD OF APPEALS FOR MONTGOMERY COUNTY v. LARRY J. CREWS, et al
Zoning — Accessory buildings — Size This case concerns the application of a provision of the Montgomery County Zoning Ordinance regarding accessory buildings (basically non-residential outbuildings) on a property-owner’s lot. Read the opinion
CALVARY TEMPLE OF BALTIMORE, INC., ET AL. v. ANNE ARUNDEL COUNTY, MARYLAND, ET AL
Zoning — Special exception — Assisted living facility Appellee Lumenary Memory Care at St. Stephens Church, LLC (“Lumenary”) applied for a special exception and two variances in 2017 in order to construct an assisted living facility for individuals suffering from memory-related illnesses in a Residential Low-Density Zoning District (“RLD”). At the public hearing conducted on [&[...]
FALLS ROAD COMMUNITY ASSOCIATION, et al. v. ARTHUR BECKER, et al.
Zoning — Safety concerns — Collateral estoppel This appeal concerns the efforts of appellees, Arthur Becker, Nancy Miller, and Gaylord Brooks Realty (collectively referred to as “the developer”), to construct homes on a large tract of land located in Baltimore County. The developer filed its first plan with the county in 2004. At that time, […]
KIMBERLY A. GRECO, et al. v. HARVEY O. RILEY, JR., et al.
Zoning — Special Exception Use — Standing On March 27, 2020, the Circuit Court for Anne Arundel County determined that the Anne Arundel County Board of Appeals (the “BOA”) erred in granting Kimberly and Darren Greco’s (the “Grecos”) application for a Special Exception Use (“SEU”). The Grecos applied for an SEU in order to construct […]
BETTYE CAROL JOHNSON, et al. v. MAYOR AND CITY COUNCIL OF GAITHERSBURG, et al.
Zoning — Permitted use — Gas station On May 1, 2019, appellee/cross-appellant 1788/405/Trojan Investments, LLC c/o 1788 Holdings, LLC (“1788 Holdings”) filed an application for Schematic Development Plan SDP-8174-2019 (the “Plan”) to construct a Wawa convenience store and automobile filling station at 405 S. Frederick Avenue in Gaithersburg, Maryland (the “Property”). The a[...]
MATTHEW PETRUS, ET AL. v. MAYOR AND CITY COUNCIL OF BALTIMORE, ET AL.
Zoning — Planned unit development — Repeal of PUD This case is before us on appeal from an order of the Circuit Court for Baltimore City denying a petition for judicial review filed by appellants Matthew Petrus, Joan Floyd, and Douglas Armstrong. The appellees are the Mayor and City Council of Baltimore and multiple corporate […]
CHARLES CASTRONOVO, ET AL. v. PAUL GODWIN
Zoning — Lot coverage — Deck and stairway construction A couple complained that their neighbor had constructed a deck and other structures on his property, in violation of the Baltimore County Code and the Baltimore County Zoning Regulations. An administrative law judge, the Baltimore County Board of Appeals, and the Circuit Court for Baltimore County […]
