Prince Frederick, MD – A second attempt by a group of local citizens, business owners and property owners to have Calvert County Government’s effort to develop a parcel of land in Prince Frederick halted was dismissed Friday, May 18 in Calvert County Circuit Court. The plaintiffs—filing under the banner Calvert Coalition for Smart Growth Inc.—filed a complaint for declaratory judgement last Dec. 1 against the Calvert County Commissioners. The complaint stems from the board’s decision to make zoning law changes that would facilitate the location of a retail home improvement big box store in Prince Frederick.
Judge Philip Nichols presided over the hearing. Private attorney Edward C. Gibbs Jr. argued the case on behalf of the county while G. Macy Nelson presented the plaintiffs’ side.
Gibbs told the court that the zoning text amendment that would permit a 150,000 square foot retail store to be built in Prince Frederick’s “New Town Subarea” only changed development regulations. “Nothing has happened today,” said Gibbs, who added a site development plan is still required before anything can be built. The attorney described the county’s site plan process as “quasi-judicial in nature.”
The current board of county commissioners approved the big box modification—along with increases in residential density and reductions of required setbacks—in the New Town Subarea during their July 16, 2016 meeting. The vote was 3-to-2 with commissioners Pat Nutter [R – District 2] and Steve Weems [R – At large] voting opposed. The vote went counter to the Calvert County Planning Commission’s recommendation to the commissioners.
Gibbs noted that Prince Frederick has been designated under county law as a “major town center intended to be developed intensely.” Gibbs cited a consultant’s market study that “revealed major deficiencies” in the county’s retail and recommended “new ordinances” to implement development. “This [ordinance] was the product of thorough analysis and input from everyone,” said Gibbs.
Nelson contended that the changes were not consistent with Calvert’s Comprehensive Plan and urged the judge to deny the motion to dismiss. Nichols, however, concurred with Gibbs that the site plan process “provided a remedy” for opponents.
“We’re not surprised, we have case law on our side,” said Calvert’s County Attorney John Norris. “We believe it’s another frivolous case brought by the coalition.”
TheBayNet.com sought comment from the coalition via email. However, no response was received as this story was being filed.
Contact Marty Madden at marty.madden@thebaynet.com