help is needed in support of Commissioner Ransom’s Ordinance 04-37.
If passed by a majority vote from 3 of our Commissioners, it will require
developers to mitigate for school capacity when an impacted school reaches
100% of capacity – instead of the current 120% of capacity.
FOR IMMEDIATE RELEASE
July 30, 2004
Contact: Paul Comfort
County Administrator (410) 758-4098
Four Seasons Lawsuit Denied by Maryland Court of Appeals
Centreville-A lawsuit by a local citizens group challenging the Four Seasons at Kent Island Developers Rights and Responsibilities Agreement (DRRA) has been ruled invalid by the Maryland’s top court, the Court of Appeals. The ruling reaffirmed an earlier decision by the QAC Circuit Court which found that the lawsuit should have been filed administratively with the QAC Board of Appeals, rather than filing a direct declaratory judgment action in Circuit Court.
The Court of Appeals ruling means that those who challenge DRRA’s between a developer and a county or municipality must first take an administrative appeal before seeking judicial appeal. Therefore, the suit by Queen Anne’s Conservation Association vs. the County Commissioners of Queen Anne’s County, MD filed in Sept. 2003, was ruled invalid.
The court rejected the contention by QA’s Conservation that they had no administrative remedy to contest the DRRA entered into with developer K. Honvanian for the 560-acre Four Seasons at Kent Island active adult community. Judge Glenn T. Harrell wrote that “QA’s Conservation was “first required to file an appeal to the Board of Appeals and obtain a final administrative decision prior to seeking judicial review in the circuit court.”
The court noted that DRRA’s “are a relatively recent addition to the Maryland toolbox of land use and development implements approved by the legislature
For possible use by many local political subdivisions.”
The only remaining current legal challenge to Queen Anne’s County regarding the Four Seasons subdivision proposal is now Civil Suit 9871 in the Circuit Court for Queen Anne's County. CV9871 is another action by Queen Anne’s Conservation, this one challenging the more recent settlement agreement reached by a majority vote of the current Board of County Commissioners in 2003. Motions (including Commissioner Koval’s Motion to Intervene and various motions to dismiss) are pending.
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