Fence’s fate could be decided on appeal

County judge says controversial divider in Montgomery Village must be torn down by Jan. 15; community leaders turn to state court

In that ruling, the board said East Village had violated county procedure by building the fence without first seeking a site plan amendment.

Lawyers for East Village on Dec. 14 filed a motion to appeal Boynton’s ruling to the Court of Special Appeals in Annapolis, which would defer his Jan. 15 deadline once forwarded for review.

‘‘We absolutely, firmly believe that the subdivision regulations do not require that a site plan be amended to install a site feature when that site feature was not one of the regulated features of the site plan,” said Stephen Orens, East Village’s lead lawyer in the case.

Valerie Berton, a spokeswoman for the Planning Board, said: ‘‘We continue to think the Planning Board’s finding of a fence violation should be upheld.”

East Village leaders erected the metal fence in August 2006 to limit access to their neighborhood from the adjacent Picton community in North Village. They said it was their final alternative to reduce the vandalisms and other crimes in their neighborhood they believe were being committed by Picton residents.

Many Picton residents have called the move discriminatory.

The Court of Special Appeals will review the entire case, beginning with the Planning Board’s ruling. But before the appeal will be officially sent to the state court, the East Village must pay a bond to protect the Planning Board against damages. Boynton will determine what that bond amount will be in the coming weeks.

In winning an injunction to stay the Planning Board order was issued, East Village had to pay a $30,000 bond — the estimated cost of removing the $70,000 fence — decided by another Circuit Court judge.

Orens did not know what would happen to the appeal if Boynton sets a larger bond.

‘‘If he were to come down with some ridiculously high number, I have no idea,” he said.

East Village is funded almost entirely by the assessment fees that residents of the 1,389-home community pay — which this year are projected to total nearly $700,000, according to budget documents.

The group’s legal fees jumped from an average of less than $3,000 per year for the years 2003 to 2005 to more than $60,000 this year, the documents show.

The Court of Special Appeals can take as long as it wants to rule on a case. If it does not win a favorable decision, East Village could ask the state’s highest court — the Court of Appeals — to hear the case, but those judges do not have to take it.