Legal complaints that address urban sprawl
Friends of Frederick County filed 3 complaints to challenge unlawful growth plans or rezonings.
Friends of Frederick County v the City of Frederick (June 2010)
Friends of Frederick County and 21 city and county resident taxpayers filed a complaint against Frederick City alleging that the Crum and COPT/Thatcher annexations are unlawful for three reasons:
- 1. The City of Frederick failed to meet the requirements of State law as the City did not provide a plan for how they will pay for all public facilities necessary to accommodate the annexations and their development.
- 2. The City of Frederick – as part of its resolutions – changed the zoning classification of the annexed property from agricultural use to substantially different uses with a density more than 50% greater than the original agricultural use. State law prohibits a municipality, for a period of five years following an annexation, absent the County’s consent, from changing the annexed land to a substantially different use or to a density more than 50% greater than the prior zoning authorized. The County has not given its consent. The change of zoning classification is in violation of this and other provisions of State law.
- To annex the properties, the City of Frederick amended its Charter. However, the Charter Amendment fails to meet the requirements of State law, which provides that a Charter may not be amended by reference to its title or section only, and that the amendment must show how the Charter section being amended would read after it has been changed.
The Complaint requests the Circuit Court to:
- Declare the Crum and COPT/Thatcher annexations unlawful and void;
- Declare the change of zoning classifications of the Crum and COPT/Thatcher properties unlawful and void;
- Declare the annexation Charter Amendments unlawful and void; and
- Enjoin implementation of the annexations and their change of zoning classifications.
January 2012- Defendants submitted their answers to plaintiffs’ questions; some were inadequate.
On the horizon: There is a trial scheduled for mid October 2012, however plaintiffs hope to move for summary judgement to avoid trial
Friends of Frederick County v New Market (March 2011)
Friends of Frederick County, the Audubon Society of Central Maryland, and thirteen other plaintiffs filed a complaint in Frederick County Circuit Court today to protect 400 acres of farmland from the crosshairs of unwanted sprawl. The complaint challenges the Town of New Market’s Municipal Growth Element and their plans to annex the three properties which are currently zoned by the County for agricultural use: the Smith/Cline, Delaplaine, and Ganley properties. The Town would rezone these properties for
commercial and industrial use, and close to 1000 residences. The Municipal Growth Element also plans for a bypass road to run along the border of an Audubon Society bird sanctuary.
The suit alleges the failure of town leaders to meet legal requirements by failing to analyze and plan for the costs of services and infrastructure, such as roads, schools, emergency services, and water and sewer service. In addition, a municipality must analyze the effects of growth on environmentally sensitive areas, such as wetlands and conservation areas. Such steps are a legal mandate that protects taxpayers and communities from paying for future costs of residential and commercial sprawl, such as crowded public schools, overstressed emergency services and infrastructure, and polluted drinking water sources and waterways.
The complaint requests the Circuit Court to:
- Declare the Town’s Municipal Growth Element invalid;
- Declare rezonings and annexations unlawful and invalid prior to the Town adopting a valid Municipal Growth Element; and
- Enjoin the Town from rezoning or annexing until it has adopted a valid Municipal Growth Element.
On the horizon: New Market defendants moved for summary judgement. Plaintiffs will respond before the end of March 2012.
Friends of Frederick County v the Board of County Commissioners (November 15, 2011)
Friends of Frederick County, Audubon Society of Central Maryland, Chesapeake Bay Foundation, and 29 individual Frederick County residents filed a lawsuit in the Frederick County Circuit Court challenging the validity of the County’s rezoning efforts to grant selected properties the right to greater development. The complaint charges such zoning action is unlawful. It will harm the environment, waste taxpayer funds and if implemented, will result in higher taxes to pay the cost of new schools, roads, and other facilities needed for the additional development.
The efforts by the Board of County Commissioners to amend the 2010 Comprehensive Plan and Zoning Map are unlawful for three reasons:
- First, the County has no authority to rezone for the purpose of increasing the value of selected properties.
- Second, the zoning of individual properties requires an adjudicatory hearing with right of cross-examination to establish that there has been a mistake in the original zoning, or a change in the character of the neighborhood. These requirements are not met.
- Third, although labeled “Comprehensive” zoning, the legal requirements for comprehensive zoning are not met, including studies as to the impact of greater development on the environment and public facilities.
On the horizon: Frederick County was to respond to FoFC’s complaint by the end of January 2012. The County did not respond but instead moved to dismiss on the grounds that the legal challenge was pre-mature. Plaintiffs will file response position in March 2012.
