Walkersville v. 103-29 Limited Partnership

718 A.2d 613, 123 Md. App. 293, 1998 Md. App. LEXIS 161
CourtCourt of Special Appeals of Maryland
DecidedAugust 31, 1998
Docket1624, Sept. Term, 1997
StatusPublished
Cited by5 cases

This text of 718 A.2d 613 (Walkersville v. 103-29 Limited Partnership) 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
Walkersville v. 103-29 Limited Partnership, 718 A.2d 613, 123 Md. App. 293, 1998 Md. App. LEXIS 161 (Md. Ct. App. 1998).

Opinion

*296 SONNER, Judge.

Appellants/cross-appellees, the Burgess 1 and Commissioners of Walkersville (the Commissioners), challenge an order issued in the Circuit Court for Frederick County entering a judgment in favor of appellee/cross-appellant, 103-29 Limited Partnership (the landowner). The Commissioners filed this appeal and the landowner has cross-appealed. We are asked to consider the following questions:

I. Did the court err in finding that the Burgess and the Commissioners acted arbitrarily in adopting boundaries for a neighborhood different from those presented at the hearing?

II. Did the circuit court err in remanding the case to the Burgess and Commissioners for the purpose of identifying the neighborhood when they also denied the rezoning request for independent reasons of inadequate facilities?

III. Was the decision to deny the rezoning request arbitrary, capricious, and discriminatory such that reversal of the Commissioners’ decision and not remand is the appropriate remedy?

Since we find merit in the Commissioners’ first contention, we shall reverse the judgment of the circuit court. Accordingly, we need not address appellants’ remaining contention, nor need we address the landowner’s contention on cross-appeal.

FACTS

The landowner, 103-29 Limited Partnership, owns 224 acres of agriculturally-zoned land in Walkersville, Maryland. On September 24, 1996, it applied for a rezoning of the property from agricultural (A) to R-2 (residential). The Town Planning Staff reviewed, investigated, and considered the request and, in its report, concluded that there was no mistake in the *297 original zoning and that there was no substantial change in the neighborhood. Further, even if a substantial change had taken place, the Staff found that public schools and other facilities (water and sewer) would not adequately support a residential development on the property and, as a consequence, recommended denying the request. The Town Planning Commission held a hearing on October 22, 1996 and, following the Staff recommendations, voted to recommend denial of the rezoning request.

The Burgess and Commissioners of Walkersville then heard the matter at a public hearing on November 13, 1996. The Planning Staff presented its report and, because the application asserted that there had been a change in the neighborhood, the Staff presented its definition of the neighborhood. The landowner then presented its definition of the neighborhood. That definition differed from the Planning Staffs and differed from the definition it presented before the Planning Commission. The landowner also presented a development plan for its intended use of the property as a residential subdivision and presented testimony through land planners, traffic engineers, hydrogeologists, fiscal analysts, realtors, and attorneys to address concerns about the adequacy of water, sewer, traffic, and schools, as well as proof of the definition of the neighborhood and substantial change in the character of the neighborhood. Part of the landowner’s evidence as to substantial change related to two prior applications for rezoning, the Marpat and Roderuck Rezoning Ordinances, which the Commissioners had granted in the same “neighborhood,” as defined by appellant.

Following the hearing, the Burgess indicated that, since the application alleged a change in the character of the neighborhood, the Commissioners first needed to identify just what the neighborhood embraced and determine whether the landowner had satisfied its burden of showing a change in the character of that neighborhood. The Burgess began discussing how to define the neighborhood and discussed the different suggestions for doing so, and, then, proposed a “neighborhood” different from that presented at the hearing. The Commis *298 sioners then adopted the definition of the neighborhood as proposed by the Burgess and, after considering the changes in it, found that the landowner had not satisfied its burden of showing a substantial change. The Commissioners also considered the issue of public facilities and determined that, even if a substantial change had occurred, they would still deny the rezoning request because the various public facilities were inadequate to support a residential subdivision on the property. A written resolution formalized the denial. The landowner then filed an appeal in the Circuit Court for Frederick County.

The circuit court found that the Commissioners’ adoption of the Burgess’s proposed neighborhood, after the close of evidence at the public hearing, was without evidentiary basis and, consequently, arbitrary and capricious. The court did not reverse the Commissioners’ decision but, instead, remanded the case. The Commissioners filed a motion in the circuit court to alter or amend and asked the court to reconsider its decision, not on the basis of the neighborhood issue, but, rather, on the issue of the denial of the rezoning based on the inadequate public facilities. The circuit court denied the motion in an oral decision, stating that it needed to know the nature of the neighborhood first in order to address that issue, and it again ordered remand. This appeal followed.

ANALYSIS

In Maryland, a landowner who seeks a zoning change must establish that the original zoning contained a mistake or that the conditions of the neighborhood have changed. Montgomery v. Bd. of County Comm’rs for Prince George’s County, 256 Md. 597, 602, 261 A.2d 447, 450 (1970). Here, the landowner sought to have its property rezoned on the basis that there was a change in the character of the neighborhood and therefore it needed to establish “(a) what area reasonably constituted the ‘neighborhood’ of the subject property, (b) the changes which have occurred in that neighborhood since the comprehensive rezoning and (c) that these *299 changes resulted in a change in the character of the neighborhood.” Id.

Once the zoning body decides, a reviewing court must give the decision great weight and a presumption of validity. Cox v. Prince George’s County, 86 Md.App. 179, 187, 586 A.2d 43 (1991) (citation omitted). In reviewing the decision of an administrative agency, a court is “limited to determining if there is substantial evidence in the record as a whole to support the agency’s findings and conclusions, and to determine if the administrative decision is premised upon an erroneous conclusion of law.” United Parcel Serv., Inc. v. People’s Counsel for Baltimore County, 336 Md. 569, 577, 650 A.2d 226 (1994). The court may not substitute its own judgment, with regard to fact-based decisions, for that of the agency. Prince George’s County v. Brandywine Enterprises, Inc., 109 Md.App. 599, 619, 675 A.2d 585

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Bluebook (online)
718 A.2d 613, 123 Md. App. 293, 1998 Md. App. LEXIS 161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walkersville-v-103-29-limited-partnership-mdctspecapp-1998.