Largo, MD
Land use and zoning Lawyer at Largo, MD
Practice Areas: Land Use & Zoning, Administrative Law ... +2 more
OUTCOME: Subdivision was approved in appeal decided in favor of property owner
Represented client in approval of preliminary plan of subdivision and subsequent appeal
OUTCOME: Injunction preventing client from constructing home was lifted
The commission wanted to convert the parcel of land into a park. The developer had declined the commission's offers and began construction on the parcel. The commission obtained the injunction based up ... on its assertion that the developer was tearing out trees, which irreparably damaged the parcel. In addition it asserted allowing development to continue would have increased its cost to obtain the land. The appellate court held the lower appellate court erred, as the commission did not have "quick take" authority; rather, it had "regular" authority. Thus, the trial court erred in granting the temporary restraining order and preliminary injunction. The trial court's grant of the commission's second motion in limine wrongfully precluded the developer from presenting evidence that may have affected the jury's assessment of the fair market value of the land at the time of trial. The developer's right to develop the property and to just compensation greatly outweighed the commission's speculative showing as to its interest in retaining the affected trees and vegetation