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March 10, 2012 1 Volume 6 No. 5 Zoning Bulletin <br />Case Note: In its discussion, the court noted that there was a "re- <br />laxed showing" of a "valid pubic interest" for area zoning inspec- <br />tions. In the administrative context, zoning inspections that are part <br />of a general administrative plan for the enforcement of a statutory <br />scheme are reasonable within the meaning of the Fourth Amend- <br />ment if "reasonable legislative or administrative standards for con- <br />ducting an area inspection" demonstrate "a valid public interest." <br />"Particularized suspicion for choosing an individual residence within <br />the area searched is unnecessary." <br />Open Meetings —Site Visit Conducted by Board <br />of Appeals in Reviewing Special Exception <br />Application Not Completely Open to Public <br />Opponents contend site visit violated open meetings laws <br />and violated due process <br />Citation: Bowie v. Board of County Com'rs of Charles County, 2012 <br />WL 361987 (Md. Ct. Spec. App. 2012) <br />MARYLAND (02/03/12)—This case considered the due process and <br />open meetings limitations on a site visit of an affected property by mem- <br />bers of a county board of appeals. <br />The Background/Facts: WSG Holdings, LLC ("WSG") leased prop- <br />erty in Nanjemoy, in Charles County (the "County") in Maryland. WSG <br />intended to build an office building and other facilities related to personal <br />security training, including: a firing range and a driving track. Because <br />those activities were not permitted uses under the County zoning ordi- <br />nance, WSG applied for a special exception. The special exception appli- <br />cation was opposed by certain residents of Nanjemoy (the "Opponents"). <br />The County Board of Appeals (the "Board") held three hearings on <br />the matter. Board members also conducted a site visit on the WSG prop- <br />erty. Both WSG and the Opponents were permitted to send representa- <br />tives to the site visit. However, the Board prohibited others from attend- <br />ing. The Board did not keep minutes or a transcript from the site visit. <br />Eventually, the Board approved WSG's special exception. <br />The Opponents appealed. Among other things, the Opponents ar- <br />gued that the Board's site visit violated due process and open meet- <br />ings requirements. <br />The circuit court rejected the Opponents' allegations of procedural <br />deficiencies in the site visit. Specifically, the court found the Opponents <br />had not preserved the site visit issue for review. <br />6 © 2012 Thomson Reuters <br />