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Tag Archives: zoning

Court approves actions by Prince George’s council in Walmart zoning case

WalMart Layaway

The Court of Appeals held Tuesday that a Prince George’s County zoning authority was permitted to delegate preparation of a draft order to its staff attorney and properly exercised original jurisdiction in an exception and variance case. The decision will ...

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Developer loses constitutional challenge to MoCo zoning change

The 4th U.S. Circuit Court of Appeals, housed at the Lewis F. Powell Jr. U.S. Courthouse in Richmond, xxx (U.S. General Services Administration)

Montgomery County did not violate a developer’s constitutional rights by adopting a water system amendment to a master zoning plan, changes that devalued the planned development, a federal appeals court ruled last week. In its reported 3-0 decision, the 4th ...

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Md. top court: Development accords need not provide ‘enhanced benefits’

The Court of  Appeals building.
(Maximilian Franz/The Daily Record)

In a victory for developers over environmentalists, Maryland’s top court has unanimously held that county-approved property-development agreements need not contain provisions ensuring enhanced benefits for the community, such as new schools or better roads. Nothing in Maryland law or in ...

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Md. court: Homeowners’ group lacks standing to challenge zoning

A schematic of 101 York looking north in Towson. The Greater Towson Council of Community Organizations, which represents 30 neighborhood groups in Baltimore County, wanted to challenge a zoning decision related to the mixed-used development, but the Court of Special Appeals last week held such umbrella groups generally lack standing. (Courtesy DMS Development LLC)

Umbrella organizations of homeowners’ associations generally lack standing to challenge zoning decisions because they lack individual resident members who would be harmed by the rezoning, Maryland’s second-highest court said last week in rejecting a group’s bid to oppose redevelopment in ...

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4th Circuit rejects bid to turn Rockville zoning spat into constitutional claim

The 4th U.S. Circuit Court of Appeals, housed at the Lewis F. Powell Jr. U.S. Courthouse in Richmond, xxx (U.S. General Services Administration)

Saying a zoning dispute does not create a constitutional crisis, a federal appeals court ruled Friday the Rockville City Council did not violate a self-storage company’s due-process and equal-protection rights by enacting an ordinance barring the construction of a facility ...

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Md. high court: Counties need not consider cultural aversion to a land use

The Court of  Appeals building.
(Maximilian Franz/The Daily Record)

Cultural aversion provides no independent basis for a county planning board to reject a proposed use for land — unless stated otherwise in the local zoning regulations — Maryland’s top court has held in upholding the construction of a Clarksville ...

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