Circuit court allows judicial review of rural park bill

Thursday, March 20, 2008

Circuit court allows judicial review of rural park bill

by Ryan McDermott | Staff Writer

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Opponents of legislation passed last year by the County Council that would allow for an entertainment park to be built in the rural tier will have their day in court.

When residents filed for judicial review of the legislation Aug. 23, the County Council asked to have the motion dismissed Oct. 18. But Prince George’s Circuit Court Judge A. Michael Chapdelaine rejected the council’s request, and a judicial review of the text amendment will occur this summer.

‘‘This means that we are off to a strong start,” said Kelly Canavan, president of the Accokeek, Mattawoman, Piscataway Creeks Communities Council.

Canavan and her group have fought the legislation since the council ruled in favor of it last July in an 8-to-1 vote.

She said it was unusual that the court rejected the council’s request to block a review.

‘‘In all the cases we’ve been involved in we’ve never had the court reject a dismissal from the council like that,” she said.

Canavan sees the text bill not as an independent zoning amendment, but as a bill aimed at allowing for construction of a concert venue, nursing home and restaurant on what stands as Wilmer’s Park, an 80-acre park off Route 381 in Brandywine.

Opponents have said that since the special exception is useful only to the owners of Wilmer’s Park, it violates the uniformity provision in the Prince George’s County Zoning Code. That provision states that all regulations should be the same for each class or kind of building throughout any district or zone.

Bruce Chatman, the developer of the Wilmer’s Park project, declined to comment because he said he was not aware of the judicial review.

A site-specific text amendment violates Article 28 of the zoning code by establishing a set of rules that apply primarily to a specific property, Canavan said.

Other than the legality of the amendment, opponents have cited that the park would be inappropriate for the Brandywine area.

‘‘There aren’t adequate public facilities for the park,” Canavan said. ‘‘It’s one of the worst-planned projects ever seen and one of worst text amendments I’ve ever seen.”

David Billings, chief of staff for Councilwoman Marilynn M. Bland (D-Dist. 9) of Clinton, who originally proposed the bill, said Bland still stands by the council decision but said that she is not opposed to the group filing the petition.

‘‘They do have the right to do that,” he said.

Canavan said the next step is to see whether the court rules that the text amendment is legal.

‘‘After that someone won’t be happy with the decision and there will, of course, be appeals,” Canavan said.

E-mail Ryan McDermott at rmcdermott@gazette.net.