Balto. Co. rezoning is challenged
Lawsuit says members of County Council failed to provide public notifications
Some Baltimore County residents are asking a judge to invalidate dozens of recent zoning decisions on the grounds that County Council members didn’t follow proper procedures.
A homeowners association and three Pikesville residents allege that during the recent quadrennial review of zoning across the county, council members ignored rules requiring that zoning bills and maps be available at public libraries and online.
The lawsuit also alleges that the final vote on the package — which included more than 500 zoning decisions — was required by law to occur at the council’s first regular meeting in September. Instead, the council held a special session Aug. 30 and approved the measures.
The suit focuses on decisions made in the council’s 2nd District, which includes Pikesville, Reisterstown, Brooklandville and part of Owings Mills. It claims that neither the bills nor maps were available at the Pikesville library, and the maps weren’t drawn up until after the zoning votes.
Not making the bills and maps available “is a deliberate, wanton and blatant disregard of the legally mandated duties of the Council, as well as for the rights of its citizens and others,” the suit alleges.
Ellen Kobler, a spokeswoman for county government, said officials do not comment on pending litigation.
The plaintiffs — Greene Tree Homeowners Association and residents Loren Staples, Ruth Melanie Hoffman and David Braitman — are represented by Alan Zukerberg, an attorney who has previously been involved in zoning-related lawsuits and ran unsuccessfully for public office.
Zukerberg said his clients were frustrated with several zoning changes in the 2nd District and should have been able to know before the final vote what the proposed decisions were. “Notice to the public is one of the underpinnings of democracy,” he said.
Staples, president of the Greene Tree association, said while he disagreed with some of the zoning decisions, he was most concerned about the lack of communication from the County Council to the public.
“This is about process. Did they do what they were supposed to do?” Staples said.
The lawsuit asks the Baltimore County Circuit Court to invalidate the zoning decisions for the 2nd District — though Zukerberg said the suit could serve as a template for people in other parts of the county who want to challenge rezoning decisions.
Zukerberg said County Council Chairwoman Vicki Almond, a Reisterstown Democrat who represents the 2nd District, made several decisions his clients disagree with. “They’re all extremely concerned about the quality-of-life issues from the zoning,” he said. Almond declined to comment. Among other changes approved, Almond backed rezoning of a small parcel at the rear of the Commerce Center, a commercial complex on Reisterstown Road, from “residential office” to a “roadside business” designation to match the zoning on rest of the property.
Zukerberg said that change will allow the Commerce Center to add more offices. In a separate case, he represents the owners of the adjacent Executive Center, which has been in litigation for years opposing an earlier effort to change the Commerce Center zoning. He said residents are worried about traffic and other problems if the Commerce Center expands.
Zukerberg said his clients also oppose rezoning decisions along Reisterstown Road that involve a palm-reading shop and a proposed car dealership.
Baltimore County’s rezoning process takes place every four years. Anyone can request a zoning change for any property. The requests are reviewed by planning staff and the Planning Board, and then the County Council makes the final decisions.
At the Aug. 30 session, council members voted on batches of requests in which they adopted the Planning Board recommendations. Then council members listed issues where they disagreed with the board, and cited the zoning classifications they chose instead before taking a final vote.
The zoning decisions “were read so quickly that many citizens were unable to fully comprehend what was being read,” according to the lawsuit. All votes were unanimous. The county has not filed a response to the lawsuit.