Carrolltowne project heads to appeals court for hearing

Thursday, Feb. 9, 2006

by Katie Champion

Staff Writer

The Maryland Court of Special Appeals in Annapolis on March 1 will hear the case of a highly disputed land battle involving an Eldersburg rental housing complex.

The court is scheduled to hear the case of Carrolltowne 4B and respond to the July 2005 decision of Carroll County Circuit Court Judge Michael M. Galloway, which required approval of the housing complex.

If you go:
The public is permitted to attend the hearing, but will not be allowed to comment. Anyone wishing to attend must report to the Maryland Court of Special Appeals, 361 Rowe Blvd., Annapolis, by 9 a.m. March 1. Call the Court of Special Appeals at 410-260-1450.

The fate of the development still hangs in limbo after a decade of discussions and disputes between the developer, county planners and residents.

The most recent proposal by Security Development Corporation for the land along Md. Route 26, which backs to Kali Drive, calls for construction of 254 back-to-back rental townhouses. Since proposed more than 10 years ago, county planners and residents have opposed the plan, citing limited water, overcrowded schools and congested roads.

However, on June 30, the Circuit Court ordered the Carroll County Planning and Zoning Commission to approve the plan, under threat of jail, because of a previous Circuit Court order in 1999. The county appealed that decision to the Maryland Court of Special Appeals.

A call to Security Development was not returned by The Gazette’s deadline.

Shortly after the Circuit Court’s order, a group of residents in July formed Carrolltowne United in an effort to reach an amicable solution for the developer. Headed by Michele Carroll of Eldersburg, residents have met twice a month since organizing to discuss negotiations with the developer and attempt to serve as a liaison with the county.

Carroll said she is anxious to attend the hearing and plans to continue to meet privately with the developer to negotiate a development that would benefit everyone.

The group is not a party to the lawsuit, but had once planned to file with the Maryland Court of Special Appeals an ‘‘amicus briefing,” which would have explained how its members felt affected by the case.

However, David Sherwood, the group’s spokesman, said the group will not file the brief.

‘‘We had previously hired an attorney and identified a source of funding that would have allowed us to prepare the amicus briefing,” Sherwood said. ‘‘Due to circumstances beyond our control, we found ourselves in a situation where we had to look for a new attorney and additional sources of funding in a very short timeframe. We have been unable to accomplish this in time to meet the court deadline, and, as a result, will be unable to proceed with the amicus briefing.”

Carroll agreed, adding ‘‘... this does not alter our view as to the negative impact the townhomes would have on the local facilities. We will continue to work energetically with both [Security Development Corporation] and the Carroll County Government to identify and promote alternative solutions.”

According to Carroll County Attorney Kimberly Millender, the appeal is scheduled for the morning session. ‘‘It will be an oral argument,” she said. ‘‘The attorneys representing both sides will speak before a panel of three judges and then they will ask questions. It’s a legal debate.”

Millender said that the judges will deliberate and render a written decision that could come several weeks after the hearing.