PRESS RELEASE

 

Talbot Preservation Alliance, Inc.

September 23, 2003

 

     Easton, MD. The Maryland Court of Special Appeals has ruled that the Talbot County Council and the Talbot County Planning Commission acted contrary to Maryland law in 2002 when they approved the rezoning of a site for a new Lowe’s store, at the corner of U.S. Route 50 and Airport Road. The Court ruled that the property could not be rezoned without proof of a mistake in the original zoning or a change in the character of the neighborhood.

 

     The Talbot County Circuit Court in June 2002 had affirmed the County’s rezoning of the proposed Lowe’s site. But following an appeal by Talbot Preservation Alliance, Inc. and Eileen Moberly, the Court of Special Appeals reversed the circuit court’s decision. The appellate court concluded that “the circuit court erred in its determination that the ‘change or mistake rule,’ a fundamental principle in Maryland zoning law, does not apply to piecemeal zone changes in Talbot County.”

 

     Although the Court of Special Appeals confirmed TPA’s legal contention that Talbot County may not approve piecemeal zoning changes without applying the “change or mistake” rule, the Court affirmed the circuit court’s dismissal of the appeal on the ground that neither Talbot Preservation Alliance nor Eileen Moberly had the requisite “standing” to challenge the rezoning. The Court ruled that Ms. Moberly does not live in sufficient proximity to the site to pursue the appeal.

 

     Thomas Alspach, who represented TPA and Moberly on the appeal, stated: “While we are naturally disappointed about the decision regarding standing, we are very pleased with the Court’s determination that the former County Council should not have rezoned the Lowe’s site without compliance with the “change or mistake” rule. We argued before the County Council that the local Code provision dispensing with that rule, in the instance of alleged “down zonings,” is inconsistent with Maryland law. Now that the Court of Special Appeals has concluded that our local Code does in fact contravene state law, we hope and trust that the County Council promptly will amend the Code to bring it into conformance with the law in every other county in the state.”