Board of County Commissioners v. Potomac River Ass'n of St. Mary's County, Inc.

688 A.2d 515, 113 Md. App. 580, 1997 Md. App. LEXIS 12
CourtCourt of Special Appeals of Maryland
DecidedFebruary 4, 1997
DocketNo. 722
StatusPublished
Cited by2 cases

This text of 688 A.2d 515 (Board of County Commissioners v. Potomac River Ass'n of St. Mary's County, Inc.) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of County Commissioners v. Potomac River Ass'n of St. Mary's County, Inc., 688 A.2d 515, 113 Md. App. 580, 1997 Md. App. LEXIS 12 (Md. Ct. App. 1997).

Opinion

EYLER, Judge.

The primary issue presented by this case is whether a St. Mary’s County ordinance amending the County’s subdivision regulations and zoning ordinance conflicts with State law or is otherwise invalid. We hold that the Ordinance does conflict with State law, and thus, is invalid. Consequently, we affirm that portion of the judgment that declares the statute to be invalid. For reasons stated below, however, we vacate the portion of the judgment that issues a writ of mandamus.

Procedural History

In December 1991, a complaint was filed by Potomac River Association of St. Mary’s County, Inc. (PRA), appellee, against the Board of County Commissioners of St. Mary’s County (County Commissioners), and John R. Grimm, Director of Planning & Zoning for St. Mary’s County (Mr. Grimm), appellants, and Evelyn W. Wood, Clerk of the Circuit Court for St. Mary’s County. Evelyn W. Wood was dismissed as a defen[582]*582dant, and, in March 1993, an amended complaint was filed by PRA and Mary L. Jansson (Ms. Jansson), another appellee, against appellants. Appellees sought a declaratory judgment, mandamus, and injunctive relief.

With respect to standing, appellees alleged that (1) PRA operates primarily to contribute to the general understanding and welfare of the Chesapeake Bay, its tributaries and watersheds, and (2) Ms. Jansson is a landowner in St. Mary’s County who has expended considerable sums of money to comply with County regulations governing the subdivision of land, and that she has been forced to pay fees and expenses that other persons who have subdivided land in the County were not required to pay. Ms. Jansson alleged that she has paid higher taxes because citizens who should have paid fees and costs based on the subdivision of their land did not do so and, additionally, that the environment has been adversely affected by the illegal subdivisions.

Appellees requested a declaratory judgment that St. Mary’s County Ordinance No. Z-91-07, effective August 13, 1991 (“the Ordinance”), is void because it violates Art. 66B of the Md. Ann.Code. Appellees alleged that Art. 66B provides that, once a County adopts a comprehensive plan and subdivision regulations, no land can be subdivided without complying with such regulations. Subdivision regulations were adopted by St. Mary’s County on March 15, 1978. According to appellees, thousands of parcels were subdivided illegally1 after adoption of the regulations, and the difficulty in enforcement prompted the County to adopt the Ordinance. The Ordinance moved the “parcel of record” date in the subdivision regulations and zoning ordinance from March 15, 1978 to August 1, 1990 for [583]*583lands located outside of the Chesapeake Bay Critical Area and to December 1, 1985 for lands located within the Chesapeake Bay Critical Area. Appellees argue that the effect of the Ordinance was to change the effective date of the regulations retroactively, a move prohibited by Art. 66B.

In addition to the request for declaratory relief, appellees requested an injunction prohibiting the County Commissioners from enacting legislation to alter or change the “parcel of record” date or any other legislation intended to exempt property from the operation of the subdivision laws contained in Art. 66B. Finally, appellees requested a writ of mandamus ordering appellants to enforce Art. 66B, the County zoning ordinance and subdivision regulations, and requested an injunction to prohibit Mr. Grimm from issuing building permits and any other permits for the development of land that has been subdivided in violation of Art. 66B, the County zoning ordinance, or subdivision regulations.

The parties filed cross-motions for summary judgment, each contending that no dispute of material fact existed. In an opinion and order filed on August 31, 1994, the trial court granted appellees’ motion for summary judgment and denied appellants’ motion for summary judgment. Appellants filed a motion to alter or amend the judgment, which was denied, and this appeal ensued.

Facts

In 1945, St. Mary’s County adopted subdivision regulations. In 1974, the County adopted its first comprehensive plan, including a transportation element, and also adopted its first zoning ordinance. The subdivision regulations were revised on several occasions, including revisions in 1954, 1974, a revision effective March 15, 1978,2 1987, and 1991. According to appellants, none of the revisions through 1987 included “standard or customary” exemptions commonly found in mod[584]*584ern subdivision regulations, e.g., large lot subdivisions, boundary line adjustments, easements, rights-of-way, cemetery lots, and court-ordered partitions. The result, according to appellants, was that the regulations proved to be unduly onerous in many situations. The zoning ordinance was revised on several occasions, including June 7, 1978, August 1, 1990, June 24, 1991, and November 28,1994.

In February 1987, the County amended its subdivision regulations to add § 4.09(c) to provide for certain limited exceptions,3 to change the definition for “minor” subdivisions4 [585]*585and to add a definition for “parcel of record.”5 The 1987 amendment did not include the standard and customary exemptions to which appellants refer. The August 1, 1990 zoning ordinance and the subdivision regulations after the 1987 amendment contained in essence the same definitions for the types of subdivision and the same definition for the term “parcel of record.”

Prior to 1990, County officials failed effectively to enforce the subdivision regulations. For the period from 1978 through 1990, it is estimated that “15-20% of all permit applications” were not in compliance. According to appellants, many of the activities would have been exempt if “standard and customary” exemptions had been enacted. We note, however, that the record does not contain any evidence to support that statement.

The County employed Mr. Grimm as planning director in 1990. Mr. Grimm began strictly to enforce the subdivision regulations by denying building permits to those in violation of the regulations. As a result of the burden on County officials, the substance of what became the Ordinance was recommended by the County Planning Commission and ultimately was enacted by the County Commissioners on August 13, 1991. The stated purpose of the Ordinance was to amend the zoning ordinance and subdivision regulations to revise the “parcel of record” definition and date from March 15, 1978 to [586]*586August 1, 1990 “to recognize otherwise legal parcels transferred by deed after March 15, 1978 but not legally subdivided,” and to define “lot of record” as “a parcel of land legally subdivided and recorded in the Land Records of St. Mary’s County, Maryland.”

Citing §§ 5.02 and 5.03 of Art. 66B, the trial court stated that, once the County adopted a comprehensive plan and the subdivision regulations became effective, the effective date of the subdivision regulations was not subject to change.6 The' trial court treated the Ordinance as a change in the effective date of the regulations and, thus, held it invalid. The trial court found that the regulations were adopted by the County, effective March 15, 1978, and that became the effective parcel of record date.7

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Bluebook (online)
688 A.2d 515, 113 Md. App. 580, 1997 Md. App. LEXIS 12, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-county-commissioners-v-potomac-river-assn-of-st-marys-county-mdctspecapp-1997.