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Land Use/Zoning Practice

The Law Office of G. Macy Nelson, LLC represents citizens in land use and zoning cases throughout Maryland and Washington, D.C.
 
Land Use and Zoning Practice Areas
 

  • Special Exceptions

  • Variances

  • Master Plan Conflicts

  • Development Plans

  • Critical Areas

  • Wetlands

  • Contract Zoning

  • Spot Zoning

  • Water and Sewer Plan Amendments

  • Rezoning

Recent Land Use and Zoning Successes
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  • May 24, 2024 – The Carroll County Board of Zoning Appeals determined that a residential addiction service facility was permitted by Conditional Use as a "nursing home." We appealed to the Circuit Court, which adopted our argument that the uses were distinct and that the Board failed to conduct obligatory factual findings regarding adverse impacts, and thus overturned the Board's decision.

  • February 15, 2024 – The Carroll County Commissioners voted unanimously to implement a commercial height limit for storage facilities adjacent to residential properties, in response to the firm's lobbying efforts and associated suit for declaratory judgment in Circuit Court. Previously, the opposing developer withdrew their development plans after we filed a complaint for declaratory judgment.

  • January 29, 2024 – The applicant of a preliminary development plan in Howard County withdrew its requested amendment to said plan after the county planning board recommended denial and citizens opposed the amendment. 

  • January 22, 2024 – The Prince George's County District Council vacated and remanded an approved Planning Board development to expand a religious temple located on residentially zoned property, instructing the Planning Board to require a Preliminary Plan of Subdivision where it had previously allowed the developer not to submit one.

  • 2023 – The firm negotiated two large settlements involving development in an undisclosed Maryland county. The settlements secured large sums of funding for advocacy groups to protect watersheds and forests in the county, and also placed limitations on the size and scope of the contested developments. 

  • December 2023 – After a successful challenge to its development scheme, a private home school developer withdrew its plans to construct a private school in the middle of a residential neighborhood.

  • November 2, 2023 – The Carroll County Commissioners amended the county code to distinguish drug rehabilitation facilities and nursing homes in the applicable definition and use table sections, in response to the firm's lobbying efforts. 

  • September 3, 2021 – The Howard County Planning Board recommended denial of a developer's application to amend the Maple Lawn Farms Preliminary Development Plan.

  • August 4, 2023 – The Howard County Zoning Hearing Examiner vacated the county's approval of a deficient tree conservation plan (and associated variances) in relation to a high-density housing development in the Lawyers Hill Historic District.

  • October 16, 2023 – The Maryland Appellate Court, in Elbert v. Charles County Planning Commission, overturned a development scheme in Charles County on the basis that the administrative agency failed to articulate its findings in its agency minutes.

  • September 29, 2023 – The Anne Arundel County Board of Appeals upheld the AHO's decision in Case No. 2022-0097-S to deny the installation of a gun range between a school and youth athletic facility.

  • June 6, 2023 – The Baltimore County Circuit Court partially granted our motion for summary judgment opposing an alleged easement by prescription and express easement.

  • May 16, 2023 – The Prince George's County District Council reversed the Planning Board's approval of a Distribution Warehouse in the Westphalia Town Center.

  • May 1, 2023 – The Howard County Circuit Court upheld the decision of the Howard County Zoning Board, thus rejecting a large development in the middle of the Hickory Ridge Village Center.

  • March 10, 2023 – The firm negotiated a court settlement enforcing the restrictive covenant provisions of a homeowners' association in Baltimore County.

  • January 11, 2023 – The Circuit Court for Anne Arundel County vacated the decision of the City of Annapolis Planning Commission to approve a Forest Conservation Plan for the removal of over 40 acres of priority forest and 64 significant trees. 

  • November 2022 – Chance Manor, LLC withdrew its plans to develop a project in accordance with a Preliminary Plan of Subdivision, a Type 1 Tree Conservation Plan, and a variance associated with the Tree Conservation Plan after vigorous citizen opposition to the applications.

  • October 27, 2022 – The Administrative Hearing Officer for Anne Arundel County denied an application for a special exception for a gun range located between a school and a youth athletic facility. Case No. 2022-0097-S.

  • October 25, 2022 – The Circuit Court for Prince George’s County upheld a citizen’s right to appeal the District Council’s decision where citizen did not participate before Zoning Examiner or District Council. Case No. CAL21-18255.

  • July 22, 2022 – The Circuit Court for Prince George’s County upheld a citizen’s right to challenge the County’s approval of a Tree Conservation Plan and the approval of a variance to remove a Specimen Tree. Case No. CAL21-13945.

  • July 18, 2022 – The Howard County Zoning Board denied a developer’s Request for Amendment of the Columbia-New Town Preliminary Development Plan for a Major Village Redevelopment. HRVC Limited Partnership, Case No. ZB 119M.

  • April 25, 2022 – The Court of Appeals granted certiorari in Ray Crawford, et al. v. County Council of Prince George’s County, Sitting as the District Council, et al. to consider whether an Amazon Last Mile Hub a “warehouse” and, therefore, permitted by right in certain zones in Prince George’s County.

  • April 25, 2022 – The Prince George’s County Council, sitting as the District Council disapproved CDP-9306-05 Preserve at Piscataway (Bailey’s Village).

  • March 25, 2022 – The Court of Appeals granted certiorari in Susan Dzurec, et al. v. Board of County Commissioners of Calvert County, Maryland, et al. to consider whether a county commissioner voted to enact a Comprehensive Plan in violation of the Calvert County Ethics Ordinance.

  • February 25, 2022 – The Court of Special Appeals struck down a council bill, CB‑9, in Howard County v. McClain, on the grounds that it constituted an illegal special law.

Additional Land Use and Zoning Successes
 

  • September 3, 2021 – The Howard County Planning Board recommended to the Howard County Zoning Board that it deny the petition of G & R Maple Lawn to amend the Maple Lawn Farms Preliminary Development Plan.

  • April 5, 2021 – Royal Farms withdrew a special exception application in Prince George’s County for a proposed gas station at the intersection of Indian Head Highway (MD 210) and Livingston Road (MD 373) after a contested administrative hearing.

  • March 29, 2021 - The Circuit Court for Anne Arundel County affirmed the Board of Appeals’ denial of the application of Noreast Holdings, Inc. for a series of variances at a proposed restaurant location.

  • February 9, 2021 – Prince George’s County withdrew its application to quintuple the footprint of an existing men’s homeless shelter after vigorous local citizen opposition due to lack of community notice of the project.

  • February 14, 2020 - The Circuit Court for Prince George’s County declared invalid CB-18-2019 and CB-19-2019 because the District Council failed to provide the required public notice of the hearings at which it considered the council bills. These bills would have enabled the development of an Amazon Fulfillment Center in Westphalia. Case No. CAL19-23357.

  • Prince George’s County, October 28, 2019 – The Prince George’s County County Council, Sitting as the District Council vacated a decision by the Zoning Hearing Examiner to grant a an application to construct a gas station a right of way and remanded the case for another hearing.

  • Cecil County, October 9, 2019 –  Circuit Court affirmed denial by the Mayor and Commissioners of the Town of Perryville of an application to rezone property.

  • Maryland Court of Special Appeals, December 3, 2018 – The Maryland Court of Special Appeals vacated Prince George’s County’s District Council’s approval of Super Walmart in Clinton, Maryland because Walmart did not satisfy the requirements for a variance. Davona Grant, et al. v. County Council of Prince George’s County, Maryland Sitting as the District Council, et al., No. 809, September Term, 2017 (Md. Ct. Spec. App. December 3, 2018) (Friedman, J.).

  • Prince George’s County, March 20, 2018 – Board of Appeals disapproved application for a variance to allow an eight-foot chain link and barbed wire fence in the Hanson-Beltway Industrial Center. Case No. V-77-17.

  • Baltimore County, January 25, 2018 – Circuit Court affirmed Board of Appeals’ disapproval of variance for dog kennel. Case No. 03-C-17-003467.

  • Montgomery County, October 4, 2017 – Hearing Examiner disapproved application for conditional use for child day care center. Case No. CU 17-14.

  • Baltimore County, March 10, 2017 – Board of Appeals disapproved application for variance for dog kennel. Case No. 15-235-SPHA.

  • Prince George’s County, May 13, 2016 - Zoning Hearing Examiner disapproved application for special exception for Super Walmart in Clinton, Maryland. SE 4733 Wal-Mart Real Estate Business Trust.

  • Prince George’s County, March 24, 2015 - District Council affirmed the Zoning Hearing Examiner’s disapproval of special exception for Super Walmart in Oxon Hill, Maryland. SE/VSE-4738 Potomac Business Park. Walmart elected not to appeal and walked away from the project.

  • Prince George’s County, January 21, 2015 - Zoning Hearing Examiner disapproved of special exception for Super Walmart in Bowie, Maryland. SE/ 4734 Wal-Mart Real Estate Business Trust. The District Council heard argument on Walmart’s appeal on May 11, 2015.

  • Baltimore County, November 18, 2014 - Administrative Law rejects Developer’s request to be exempt from stormwater regulations for regional outlet mall that drains to the White Marsh Run and Bird River. Paragon at Nottingham Ridge PUD, PUD Case No. 11-1091.

  • Prince George’s County, September 24, 2014 - District Council vacates the Planning Board’s approval of a Walmart in the Duvall Village Shopping Center and remands case to Planning Board for consideration of traffic impacts, stormwater management, and master plan compliance. DSP-90063-07 Duvall Village Shopping Center.

  • Prince George’s County, August 5, 2014 - Zoning Hearing Examiner rejected Walmart’s proposal to construct a Super Walmart between two schools in Oxon Hill, MD. Oxon Hill Associates, LLC, Case No. SE 4738. Walmart appealed decision to Prince George’s County District Council.

  • Prince George’s County, April 9, 2014 - Circuit Court reversed a decision by the Board of Appeals to approve a variance. Talamas v. Board of Appeals,  Case No. 13-20891 (Cir. Ct. for Prince George’s County, Md. April 9, 2014). 

  • Maryland Court of Special Appeals, November 20, 2013 - The Maryland Court of Special Appeals ruled that our clients have standing to challenge the comprehensive rezoning map and may challenge the comprehensive rezoning before construction commences in accordance with the rezoning. Bell v. Anne Arundel County, Maryland, 215 Md. App. 161, 97 A.3d 976 (2013).

  • Baltimore County, August 6, 2013 - Circuit Court ruled that the Board of Appeals erred when it allowed reconfiguration of lots to facilitate residential development in the agricultural zone. In the Matter of: Lisa Arthur No. 03-C-12-11992 (Cir. Ct. for Balt. County, Md. August 6, 2013).

  • Maryland Court of Appeals, September 30, 2011 - The Maryland Court of Appeals held that the Patuxent Riverkeeper had standing under new state law to challenge non-tidal wetlands permit issued by MDE to developer, because member had alleged sufficient harm to his aesthetic, recreational, and economic interests in connection with the issuance of the non-tidal wetlands permit. Patuxent Riverkeeper v. Md. Dep’t of the Env’t, 422 Md. 294, 29 A.3d 584 (2011).

  • Maryland Court of Appeals, December 23, 2009 -The Court held that the Prince George's County's Planning Board must consider the requirement in the County's General Plan that no more than 1% of all residential development in the County may occur in the County's Rural Tier. Md.-Nat’l Capital Park & Planning Comm’n v. Greater Baden-Aquasco Citizens Ass’n, 412 Md. 73, 985 A.2d 1160 (2009).

  • Maryland Court of Appeals, December 18, 2009 -The Maryland Court of Appeals granted certiorari to consider whether the Court of Special Appeals’ dismissal of a citizen's appeal was premature. Smith v. County Commissioners of Kent County, 411 Md. 740 (Dec. 18, 2009).

  • Maryland Court of Special Appeals, November 24, 2008 - The Maryland Court of Special Appeals affirmed the trial court’s remand to the Planning Board for further consideration of a residential subdivision in Prince George's County's Rural Tier. Md.-Nat’l Capital Park & Planning Comm’n v. Greater Baden-Aquasco Citizens Ass’n, No. 2489, September Term 2007 (Md. Ct. Spec. App. November 24, 2008) (Davis, J.).

  • Maryland Court of Special Appeals, November 14, 2008 - The Maryland Court of Special Appeals affirmed the District Council's disapproval of a rubblefill in Prince George's County's Rural Tier. Brandywine Sand and Gravel Company v. County Council of Prince George’s County, Maryland, Sitting as the District Council, et al., No. 2105, September Term 2007 (Md. Ct. Spec. App. November 14, 2008) (Davis, J.).

  • Maryland Court of Special Appeals, September 29, 2008 - The Maryland Court of Special Appeals affirmed the trial court’s ruling that no commercial traffic was allowed on a shared driveway. Charles T. Coon, Sr., et al. v. Richard A. Stevens, Jr., et al., No. 01846, September Term, 2007 (Md. Ct. Spec. App. September 29, 2008) (Meredith, J.).

  • Maryland Court of Appeals, March 12, 2008 - The Maryland Court of Appeals granted certiorari to consider the proper interpretation of the special exception standard. People’s Counsel for Baltimore County, et al. v. Loyola College in Maryland, 403 Md. 612 (March 12, 2008).

  • Maryland Court of Appeals, February 13, 2008 - The Maryland Court of Appeals granted certiorari to consider whether the General Plan of Prince George's County guides development in that county's Rural Tier. Garner v. Archers Glen Partners, Inc., 403 Md. 304 (February 13, 2008).

  • Maryland Court of Appeals, December 5, 2007 - The Maryland Court of Appeals granted certiorari to consider whether the decision of the County Commissioners to amend the Master Water and Sewer Plan is an appealable order. Appleton Reg’l Community Alliance v. County Commissioners of Cecil County, 402 Md. 352 (December 5, 2007).

  • Maryland Court of Special Appeals, November 27, 2007 - The Maryland Court of Special Appeals denied apartment owner's request to stay circuit court order to close. Thompson v. Prince George's County.

  • Prince George's County, November 26, 2007 - Circuit court ruled that the Planning Board failed to articulate how a proposed subdivision in the County's Rural Tier complied with the requirements of the Master and General Plans. The court also ruled that no substantial evidence supported the finding that the proposed subdivision complied with the Master and General Plans.

  • Prince George's County, September 24, 2007 - Circuit Court affirmed District Council's disapproval of application for rubble fill in the O-S zone. Brandywine Lapin Rubble Fill, Case No. S.E. 4355. Brandywine Sand & Gravel Co. v. County Council of Prince George’s County, Maryland, CAL 06-26284 (Cir. Ct. for Prince George’s County, Md. September 24, 2007).

  • Prince George's County, July 26, 2007 - Circuit Court ordered the closure of an apartment complex which lacked a legal sewage system. Thompson v. Prince George’s County, CAL 07-06500 (Cir. Ct. for Prince George’s County, Md. July 26, 2007).

  • Maryland Court of Special Appeals, February 15, 2007 - The Maryland Court of Special Appeals affirmed Planning Board disapproval of Preliminary Plan for church and related buildings because the proposed impervious surfaces exceeded the maximum allowed for the parcel of land on which the church would be built. Reaching Hearts International Church v. Prince George’s County Planning Board of the Maryland-National Capital Park and Planning Commission, et al., No. 673, September Term, 2006 (Md. Ct. Spec. App. February 15, 2007) (Eyler, Deborah S., J.).

  • Prince George's County, November 14, 2006 - District Council disapproved application for rubble fill in the O-S zone. Brandywine Lapin Rubble Fill (Remand), Brandywine Lapin Rubble Fill (Remand), No. SE 4355 (District Council for Prince George’s County, Md. November 14, 2006).

  • Maryland Court of Special Appeals, October 17, 2006 - The Maryland Court of Special Appeals affirmed the Prince George's County District Council's denial of a Special Exception for a senior apartment complex. L. Scott Armiger, T/A Orchard Development Corporation v. County Council for Prince George’s County, Maryland, Sitting as the District Council, et al., No. 1770, September Term, 2005 (Md. Ct. Spec. App. October 17, 2006) (Adkins, J.).

  • Anne Arundel County, September 20, 2006 - Board of Appeals ruled that applicant will lose a previously approved special exception unless it implements and completes the special exception within two years. Chesapeake Terrace/NWM, Inc., No. BA 7-06V, BA 8-06V (Bd. of Appeals of Anne Arundel County, Md. September 20, 2006).

  • Prince George's County, June 2, 2006 - Circuit Court ruled that the Planning Board failed to address how the proposed subdivision met the requirement that not more than 1% of all residential growth occur in the County's Rural Tier and remanded the case to the Board for further action consistent with his opinion. Betty Garner, et al. v. Archer’s Glen, No. CAL 05-22788 (Cir. Ct. for Prince George’s County, Md. June 2, 2006).

  • Baltimore County, May 5, 2006 - Circuit Court ruled that the Board of Appeals erred as a matter of law in approving a special exception and remanded the case to the Board for further action consistent with its opinion. In the Matter of: Citizens Against Loyola Multi Use Center, et al., No. 03-C-05-007730 (Cir. Ct. for Balt. County, Md. May 5, 2006).

  • Cecil County, January 11, 2006 - Circuit court affirmed the Planning Commission's disapproval of a Concept Plat for a development of seventy-four houses. Aston Development Group, Inc. v. Cecil County Office of Planning & Zoning, No. 07-C-05-0000218 (Cir. Ct. for Cecil County, Md. January 11, 2006).

  • Frederick County, October 6, 2005 - Circuit Court vacated Board of Appeals' approval of Special Exception and remanded case for proceedings not inconsistent with its opinion. Singley, et al. v. Frederick County Board of Appeals, No. 10-C-05-0000423 (Cir. Ct. for Frederick County, Md. October 6, 2005).

  • Prince George's County, September 23, 2005 - Circuit Court affirmed the District Council's disapproval of a 280,000 square foot housing complex on fifteen acres at the intersection of Adelphi and Cool Spring Roads. Petition of L. Scott Armiger t/a Orchard Development Corp., No. CAL 04-21068 (Cir Ct. for Prince George’s County, Md. September 23, 2005).

  • Carroll County, June 8, 2005 - Circuit Court granted Plaintiff's request for Preliminary Injunction and ordered that Defendants must shut down their illegal mulch operation by August 1, 2005. Richard A. Stevens, Jr., et al., v. Charles T. Coon, Sr., et al., No. 06-C-04-041365 (Cir. Ct. for Carroll County, Md. June 8, 2005).

  • Prince George's County, April 7, 2005 - Planning Board disapproved Preliminary Plan for church and related buildings because the proposed impervious surfaces exceeded the maximum allowed for the parcel of land on which the church would be built. Reaching Hearts International Church, Preliminary Plan No. 4-04088 (Planning Bd. for Prince George’s County, Md. April 7, 2005).

  • Washington County, April 4, 2005 - Planning Commission recommended disapproval of quarry on 80 acres of land. Citizens presented evidence of the proposed quarry's adverse effects including blasting damage, destruction of Revolutionary War era archaeological sites, incompatibility with the surrounding community, the mining of ground water, and the increased risk of pulmonary problems. Application of H.B. Mellott, Inc., No. RZ-04-008 (Planning Commission for Washington County, Md. April 4, 2005).

  • Cecil County, January 25, 2005 - Circuit Court vacated decision by the Town of Rising Sun Board of Appeals to approve apartment complex with seventy-eight apartments. Friends of Rising Sun, et al. v. Rising Sun Board of Zoning Appeals, No. C-04-0000308 (Cir. Ct. for Cecil County, Md. January 25, 2005).

  • Prince George's County, January 18, 2005 - Court of Special Appeals reversed decision of Planning Board to approve residential subdivision in the Rural Tier because the Planning Board failed to articulate how large houses in agricultural areas were consistent with the goals of the Master Plan. Betty Garner, et al. v. Prince George’s County Planning Board of the Maryland-National Capital Park and Planning Commission, et al., No. 2715, September Term, 2003 (Md. Ct. Spec. App. January 18, 2005) (Davis, J.).

  • Carroll County, November 23, 2004 – Circuit Court affirmed the decision of the Maryland Department of Environment's Final Decision Maker to deny Carroll County's Request for a Variance from the prohibition against the discharge of heat into a trout stream. In the Matter of: Carroll County Commissioners, No. 06-C-03-039953 (Cir. Ct. for Carroll County, Md. November 23, 2004).

  • Prince George's County, September 28, 2004 - District Council reversed decision of Zoning Hearing Examiner to approve 280,000 square foot housing complex on fifteen acres at the intersection of Adelphi and Cool Spring Roads. Scott Armiger t/a Orchard Dev. Corp., No. SE 4437 University Place at Cool Spring (District Council for Prince George’s County, Md. September 28, 2004).

  • Baltimore County, September, 2004 - Baltimore County Council denied developer's request to rezone six acres of RC2 land to BR or ML.

  • Baltimore County, July 6, 2004 - Board of Appeals denied restaurant's request for special exception to expand operation in agricultural zone. In the Matter of the Application of Oregon, LLC, No. 02-461-SPHXA (Bd. of Appeals of Balt. County, Md. July 6, 2004).

  • Baltimore County, March 12, 2004 - Deputy Zoning Commissioner denied subdivision because the proposed storm water management violated the forest buffers and because there was unsafe access from Falls Road. In Re: Development Plan Hearing Becker Property, Nos. VIII-791 & 04-262-SPH (Bd. of Appeals of Balt. County, Md. March 12, 2004).

  • Montgomery County, June 10, 2003 - Montgomery County District Council denied zoning reclassification of 25 acres to the Planned Development zone because the proposed development contained too high a percentage of impervious surfaces.

  • Maryland Court of Special Appeals, September 26, 2002 - The Maryland Court of Special Appeals affirmed the decision by the Baltimore County Board of Appeals to deny the request to operate a helicopter pad in an agricultural zone. Lucas v. People’s Counsel for Balt. County, 147 Md. App. 209, 807 A.2d 1176 (2002).

  • Maryland Court of Special Appeals, August 14, 2002 - The Maryland Court of Special Appeals affirmed the decision by the Circuit Court for Calvert County to vacate the Calvert County Department of Planning and Zoning's approval of a landscape and nursery business. Kelly’s Tree and Landscape Nursery, Inc. v. John M. Carrier, et al., No. 1899, September Term, 2001 (Md. Ct. Spec. App. August 14, 2002) (Murphy, C.J.).

  • Calvert County, October 31, 2001 - Circuit Court vacated the Calvert County Department of Planning and Zoning's approval of a landscape and nursery business. John M. Carrier, et al. v. Calvert County Planning Commission, et al., No. C-01-512 (Cir. Ct. for Calvert County, Md. October 31, 2001).

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