Filed March 2, 2007. Opinion by Judge Peter B. Krauser.
In a case so replete with procedural issues specific to Baltimore County subdivision ordinances that it almost defies synopsis, the Court of Special Appeals upheld the decision of the Circuit Court for Baltimore County approving a red-lined revised subdivision plan pursuant to applicable sections of the Baltimore County Code and consistent with applicable regulations.
In affirming that decision, the Court of Special Appeals held that while the County Board of Appeals must find "substantial evidence" that a subdivision development plan approved by several County departments meets the requirements of applicable ordinances and regulations before affirming that approval on administrative appeal, those agencies need not state "facts and reasons" justifying those regulatory approvals for the Board of Appeals to affirm such a development plan. The Court of Special Appeals noted that the more rigorous "facts and reasons" requirement may apply in many zoning appeals as distinguished from subdivision development plan appeals.
The opinion is available in PDF format.
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