Gingerville Community Ass'n v. Anne Arundel County

No. MDE-WMA-129-0200000004 (Md. Office of Admin. Hearings January 10, 2001)

ELR Digest

The court grants a county's motion for summary judgment in a case in which a community association challenged the county's receipt of a state nontidal wetlands permit for the planned construction of a roadway extension. The court first holds that the association failed to raise any genuine issues of material fact and that the only issue to determine is whether, under the undisputed facts, the county is entitled to judgment as a matter of law. The court then holds that the state environmental agency properly granted the wetlands permit to the county. The county complied with the applicable wetland permit application requirements in §§ 5-501, 5-503, and 5-507 of the Maryland Annotated Code's Environment Article and with §§ 26.17.04.04 and 26.17.04.07 of the Code of Maryland Regulations. The county also adequately demonstrated that the highway construction project will meet the public need and project purpose of alleviating heavy traffic congestion and, as a result, increase public safety. Further, extensive documentation and environmental studies indicate that the permit was in full compliance with regulatory requirements for water quality, endangered species, smart growth, and wetlands mitigation.

The full text of this litigation is available from ELR (29 pp., ELR Order No. L-318).

Counsel for Plaintiff
Thomas A. Deming
Law Offices of Thomas A. Deming
275 West St., Ste. 305, Annapolis MD 21401
(410) 349-0835

Counsel for Defendant
Adam D. Snyder, Ass't Attorney General
Attorney General's Office
200 St. Paul Pl., Baltimore MD 21202
(410) 576-6300

[31 ELR 20365]

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]