Justia Zoning, Planning & Land Use Opinion Summaries

In this zoning dispute involving the interplay between the public's interest in the future of a private airport in Prince George's County and the financial interests of its owner, the Supreme Court held that the amended zoning ordinance allowing the airport to develop higher-density housing did not violate Maryland's uniformity requirement, Md. Code Ann., Land Use 22-201(b)(2)(i).When the airport's owners began experiencing financial difficulties they sought to redevelop the site, which had been limited by the zoning ordnance to low-density, single-family detached housing, for non-airport use. The County Council amended the zoning ordinance to allow for higher-density housing to incentivize the airport's redevelopment. Plaintiffs brought suit. The circuit court concluded that the ordinance did not violate uniformity, but the appellate court reversed, finding that the ordinance violated uniformity because it was tailored so narrowly as to afford favorable development opportunities to only the airport property. The Supreme Court reversed, holding that the ordinance was adopted to further a valid public purpose and did not discriminate against similarly situated properties, thus surviving the uniformity challenge. View "Prince George's County v. Concerned Citizens" on Justia Law

The Supreme Court reversed the decision of the appellate court reversing the judgment of the circuit court finding that a county ordinance did not violate Maryland's uniformity requirement requiring zoning laws to "be uniform for each class or kind of development throughout a district or zone," Md. Code Ann., Land Use 22-201(b)(2)(i), holding that the ordinance should have survived the uniformity challenge.While Prince George's County's zoning ordinance had historically limited development of housing at a private airport to low-density, single-family detached housing, the County Council amended the ordinance's text to allow the development of higher-density housing at the airport in order to incentivize redevelopment. Certain constituents brought suit, arguing that the ordinance violated uniformity because it was tailored so narrowly as to afford favorable development opportunities. The appellate court reversed. The Supreme Court reversed, holding that the plaintiffs failed to establish that the ordinance discriminated arbitrarily, and therefore, their uniformity challenge failed. View "Prince George's County v. Concerned Citizens" on Justia Law

The Supreme Court reversed the judgment of the appellate court reversing the judgment of the circuit court denying Constituents' challenge to the amendment to a zoning ordinance limiting development of housing at a private airport in Prince George's County, which allowed the airport to develop higher-density housing, holding that the ordinance survived the challenge.While the County's zoning ordinance had historically limited development of housing at the airport to low-density, single-family detached housing, the County Council amended the text of the ordinance to allow the development of higher-density housing in order to incentivize redevelopment of the airport. Constituents brought the underlying challenge, arguing that the ordinance violated Maryland's uniformity requirement, Md. Code Ann., Land Use 22-201(b)(2)(i). The circuit court denied relief, but the appellate court reversed. The Supreme Court reversed, holding (1) the ordinance did not discriminate against similarly situated parties and was adopted to further a valid public purpose; and (2) therefore, the ordinance should have survived the uniformity challenge. View "Prince George's County Council v. Concerned Citizens of Prince George's County" on Justia Law

The Supreme Court upheld the final determination of the Maryland Department of the Environment to reissue with revisions a general discharge permit to Animal Feeding Operations (AFOs), holding that the Department's final determination was reasonable and complied with applicable water quality standards.The most recent iteration of the general discharge permit the Department issued to AFOs was finalized by the Department pursuant to certain statutory requirements requiring the Department to review and issue or reissue water pollution control permits once every five years. The circuit court vacated the permit and remanded the matter with instructions to incorporate certain water quality standards into the permit. The Supreme Court reversed the judgment of the circuit court, holding (1) the Department's AFO general discharge permit framework was reasonable and consistent with federal and state law; and (2) the Department's decision to evaluate each AFO individually and to require appropriately-tailored best-management practices to control the emissions where they presented a risk of discharge was reasonable and not an abuse of discretion. View "Dep't of Environment v. Assateague Coastal Trust" on Justia Law