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Zoning

Feb 22, 2021

COUNCIL OF UNIT OWNERS OF NORMANDIE-ON-THE-LAKE II CONDOMINIUM, et al. v. MONTGOMERY VILLAGE FOUNDATION, INC.

Zoning — Condominium association — Monthly assessments Montgomery Village is a large planned community in Montgomery County. Appellants are three councils of condominium unit owners in Montgomery Village. Appellee (the Foundation) is a not-for-profit corporate foundation created by the developer of Montgomery Village to provide various amenities and services in the Village, including t[...]

Feb 22, 2021

SHAMMY, INC. v. BOARD OF COUNTY COMMISSIONERS FOR CALVERT COUNTY, MARYLAND

Zoning — Beach license — Bingo This case takes us, once again, into the arcane world of legalized gambling in Calvert County, which has a long history. See CCI Entertainment v. State, 215 Md. App. 359 (2013). We are dealing here with a narrow issue of statutory construction that arises from and governs a quest […]

Jan 6, 2021

DIAMOND DEVELOPMENT CORPORATION, et al. v. COMMUNITY RESCUE SERVICE, et al.

Zoning — Site plan — Substantial evidence This is an appeal from an order of the Circuit Court for Washington County affirming a decision of the Washington County Board of Appeals (“Board”) to approve a site plan for the development of property. Read the opinion

Nov 16, 2020

TOM GRAUL, ET AL. v. RIVERWATCH, LLC, ET AL

Zoning — Statutory vesting — Special exception In this appeal, which arises out of one of the oldest towns in Baltimore County, we explore one of the newest issues in land use and zoning—statutory vesting. The sprawling procedural history of the underlying case is rooted in the 2015 decision of the Board of Appeals of […]

Apr 14, 2020

ANETA SPILMAN, ET AL. v. BOARD OF MUNICIPAL AND ZONING APPEALS, ET AL.

Zoning — Variance — Extension of residential deck This appeal springs from a dispute between neighbors in the 1800 block of Lancaster Street in the Fells Point neighborhood of Baltimore City. Appellees, Ilan Goldberg and Sarah Mandel, applied to the Baltimore City Department of Housing and Community Development (“DHCD”) and obtained a permit to “construct […]

Mar 17, 2020

BOWMAN SPIELMAN, LLC v. JANE HERSHEY, ET AL.

Zoning — Truck stop — Definition This appeal arises from a judicial review by the Circuit Court for Washington County reversing approval by the Board of Appeals (the “Board”) of a site plan proposing to develop appellant, Bowman Spielman’s, property for a mixed use. In July 2017, the Washington County Planning Commission (the “Commission”) approved […]

Mar 11, 2020

BAY PROPERTIES 2, LLC. v. BALTIMORE CITY BOARD OF MUNICIPAL & ZONING APPEALS

Zoning — Billboards — Digital billboard Appellant Bay Properties 2, LLC. (“Bay Properties”) appeals from the denial of its application to convert its existing paper billboard to a digital billboard. At the time of its application, Baltimore City zoning law permitted the construction of a new digital billboard only when the applicant provided “documentation that […]

Nov 21, 2019

JASON ROSENZWEIG, ET UX. v. HARFORD COUNTY DEPARTMENT OF PLANNING AND ZONING, ET AL.

Zoning — Site plan approval — Substantial evidence Timothy and Lisa Limberger own farmland in Churchville on which they want to build an event facility. On December 22, 2016, the Harford County Director of Planning (the “Planning Director”) granted special development approval for their project and issued them a Site Plan Approval under § 267-68 […]

Sep 5, 2019

JACKSON BENNETT, ET AL. v. MONTGOMERY COUNTY, MARYLAND, ET AL.

Zoning — Property values — Standing This appeal concerns an update to a 1982 master plan for an area in Montgomery County known as Westbard. The Westbard Sector Plan (the “Plan”) was adopted on May 3, 2016 by the County Council for Montgomery County sitting as the District Council. A group of residents (the “Residents”) […]

Sep 3, 2019

JIM LORIMER v. COUNTY COUNCIL OF PRINCE GEORGE’S COUNTY, MARYLAND, SITTING AS THE DISTRICT COUNCIL

Zoning — Special exception — Arbitrary and capricious In this appeal, Jim Lorimer, appellant, appeals from a judgment of the Circuit Court for Prince George’s County which—upon judicial review of a zoning decision of the County Council of Prince George’s County sitting as the District Council (hereinafter the “District Council”), appellee—upheld the District Council’s dec[...]

Aug 13, 2019

ATTMAN PROPERTIES COMPANY ET AL. v. ANNE ARUNDEL COUNTY ET AL.

Zoning — Townhouse community — Substantial evidence This appeal arises from a zoning decision of the Anne Arundel County Board of Appeals to grant a special exception to Spectec, LLC, to develop a 156-townhouse community on a 16.72-acre parcel located in Millersville. Two neighbors, Attman Properties Company and Cloverleaf Warehouse LLLP (collectively, “Attman”), filed a […]

Aug 1, 2019

THOMAS TERRY, et al. v. COUNTY COUNCIL OF PRINCE GEORGE’S COUNTY, SITTING AS THE DISTRICT COUNCIL, et al.

Zoning — Special exception — Standing This is an appeal from a judgment of the Circuit Court for Prince George’s County, the Honorable Dwight D. Jackson presiding, that affirmed a decision of the County Council of Prince George’s County, sitting as the District Council. The matter before the Council was an application for a special […]

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