Judge James Lombardi ruled that the petition to set up a referendum vote on the Walmart Supercenter annexation in La Plata violated due process which now sends the proposal to the Charles County Board of Commissioners.
Lombardi’s ruling states that Town Manger Daniel Mears violated state law by drafting guidelines on how the Town of La Plata would respond to the petition for a referendum and that the guidelines was released two days before the petition deadline. Lombardi also cited a lack of a public hearing.
As a result of the ruling, the 3-2 decision last fall from the Council of the Town of La Plata to approve the annexation stands. Charles County Attorney Barbara Holtz said the Charles County Board of Commissioners will have to take up the issue. Commissioner Ken Robinson (D: 1st) expressed disappointment late Thursday afternoon that the decision would be left to the board instead of to the citizens of La Plata.
The Charles County Board of Commissioners will have to vote on the zoning of portions outside La Plata’s town limits from a Community Commercial Zone to a Commercial Highway Zone. The board has previously deferred action on this, saying they wanted to see how the process would play out in La Plata. However, Commissioner President Candice Quinn Kelly (D) hinted that she had supported it during a September 9, 2011 meeting of the board, touting economic benefits that would arise from the development of a Walmart Supercenter in La Plata. It is unclear, however, how she would vote.
