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Agenda - Planning Commission - 07/09/2015
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Agenda - Planning Commission - 07/09/2015
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Planning Commission
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07/09/2015
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Zoning Bulletin May 25, 2015 1 Volume 9 1 Issue 10 <br />station.' " Rather, the court found that a "switching station" was "a station"—a <br />"facility," which was "distinguishable from and more intrusive to its sur- <br />rounding environment than transmission lines." The court concluded that it <br />was "reasonable for such facilities to be subject to local zoning, while continu- <br />ous transmission lines are exempt because of the onerous nature of navigating <br />local zoning ordinances for all the acreage over which transmission lines <br />cross." <br />Having concluded that a switching station is not a transmission line, the <br />court reversed the decision of the Commission with regard to the applicability <br />of Code § 56-46.1(F) to the Project's switching station. <br />See also: City of Norfolk v. Tiny House, Inc., 222 Va. 414, 281 S.E.2d 836 <br />(1981). <br />Case Note: <br />Other challenges to the Certificate Order were brought, including additional chal- <br />lenges by JCC, as well as challenges by BASF Corporation ("BASF"). Since those <br />other challenges were not related to zoning, they are not discussed here in this <br />summary. <br />Standing—County Citizens Challenge <br />Comprehensive Rezoning <br />Other citizens and county argue challengers lacked <br />standing <br />Citation: Anne Arundel County v. Bell, 2015 WL 1798953 (Md. 2015) <br />MARYLAND (04/21/15)—This case addressed the issue of whether chal- <br />lengers to a county's comprehensive rezonings had standing (i.e., the legal <br />right to bring the case to court). In the case, the court explained the types of <br />standing needed to challenge zoning actions, as well as the elements of the <br />standing necessary to bring a challenge to a comprehensive rezoning. <br />The Background/Facts: In 2011, the County Council for Anne Arundel <br />County (the "County") adopted a comprehensive zoning ordinance, Bill 12- <br />11. Bill 12-11 governed 59,045 individual parcels or lots. It rezoned the clas- <br />sifications of 264 parcels or lots and maintained essentially the pre-existing <br />zoning of the rest. <br />Bill 12-11 was challenged by various Anne Arundel County property own- <br />ers and community associations (the "Citizens"), who objected to some, but <br />not all, of the rezonings. The Citizens filed an action in court, alleging that the <br />County engaged in illegal spot and contract zoning with regard to those rezon- <br />ings and failed to provide the public with the required notice of the proposed <br />zoning changes. <br />Several Anne Arundel County property owners and ground leaseholders <br />© 2015 Thomson Reuters 9 <br />
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