Development battle draws questions from appeals judges

Thursday, March 9, 2006

A highly disputed Eldersburg land battle had its day in an Annapolis court last week.

Three judges on the Maryland Court of Special Appeals on March 1 listened to both sides of the Carrolltowne 4B development case that county planners and residents have opposed for more than a decade.

During the hearing, judges questioned the county’s role in the dispute and expressed confusion as to why there was not more communication between the Carroll County Planning Commission and the developer during the preliminary stages, when the project’s plans should have been presented.

Presiding Judge Joseph F. Murphy, expressed his dismay in the county for not complying with a court order.

‘‘Asking an appellate court to reverse the work of a Circuit Court ... It’s not really how to conduct business,” he said.

Carroll County Assistant Attorney Terri Jones argued that since the original plans were approved in 1995, the infrastructure of the area has changed dramatically, calling for zoning changes of the property for a better alternative of development. Jones said that the developer did not act on the process and allowed too much time to pass – a violation of the county’s sunset provision that makes a plan null and void after a certain time period after approval.

Judge Ellen L. Hollander compared the county’s zoning changes and sunset provision to moving a ‘‘finish line” for the developer.

Benjamin Rosenberg, Security Development’s attorney, agreed, and argued that the county approached Security officials and told them not to do anything with their plans.

Rosenberg compared Carroll County officials and residents to the HBO series ‘‘Deadwood,” a television show based on unruly people like Calamity Jane and Wild Bill Hickok, who ruled the Wild West in the late 1800s. In Deadwood, S.D., violence and anarchy are prevalent and people are inconsiderate of each other – traits that Rosenberg said are similar to the county.

Judge James R. Eyler replied that he once lived in Carroll County and implied that he enjoyed it, but Rosenberg snapped back that the area has ‘‘changed quite a bit” since Eyler lived there.

The fate of the 21-acre parcel along Md. Route 26 and backing to Kali Drive has hung in limbo as a proposal by Security Development Corporation to build 254 back-to-back rental townhouses has faced opposition by county planners and residents. Both cite limited water resources, overcrowded schools, limited emergency service personnel and congested roads as reasons to halt the plan.

The hearing was the result of an appeal by Carroll County filed in July after Carroll County Circuit Court Judge Michael M. Galloway ordered the Planning Commission to approve the plan based on a previous order in 1999. Galloway’s ruling supports a 1995 order by Carroll County Circuit Court Judge Luke K. Burns. The plan was reluctantly approved by the commission under threat of jail last summer.

Murphy, a former Circuit Court judge, said that he was unsure how he would feel if he was Burns and his order was being appealed.

‘‘If the county has been ordered by a court to do something, they need to do it,” Murphy said. ‘‘I don’t understand why the county doesn’t comply with Judge Burns’ order.”

Jones again cited infrastructure changes and limited resources as reasons to stop the plan.

The judges argued that approval of the plan does not mean that building and occupancy permits have to also be approved. Calling the approval two separate issues, Murphy pointed out that if the current plan is approved, it does not mean that people will occupy the buildings ‘‘in two weeks.”

Unlike previous hearings on the case, Wednesday’s proceedings drew only four area residents. All but one were members of Carrolltowne United, a group of residents that formed in July who are committed to working with the developer to come up with an alternative plan for the land.

Dave Sherwood, spokesman for the group, said the group of residents plans to keep meeting and working as a liaison between the county and Security Development.

‘‘I hope that there is a reversal of Judge Galloway’s ruling,” Sherwood said.