Recent Land Use News

MARYLAND

The Baltimore Sun reported on August 17, 2003, on a lawsuit brought by a Carroll County, Maryland developer, which challenges a yearlong growth freeze implemented in June.  The developer is asking a county circuit court to declare the growth freeze “null and void” and to assess $1 million in punitive damages and $500,000 in compensatory damages against the Carroll County commissioners.

The developer, JFJME Family LLC, asserts that the county lacks the power under Maryland law to impose the growth freeze.   JFJME argues that the state enabling article, which authorizes the county’s power to zone and regulate land, does not explicitly grant the power to defer or freeze development.   Moreover, the lawsuit alleges that the freeze is unfair because it does not apply equally to all subdivisions in the county and does not apply to projects in the county’s eight municipalities. 

JFJME was rebuffed in its attempt to develop a three-home subdivision.  Its three lots were among 1,700 that had passed early stages of the county’s development review process only to be caught up in the yearlong freeze.  The article reports that Carroll County imposed the freeze to give its planning department time to fix the county’s growth laws without having to be concerned about a simultaneous rush of development.

NEW YORK

A September 25 article in New York Newsday reports that a large Long Island builders group, discouraged by restrictive zoning laws and development moratoria, will limit contributions to local political candidates for one year and redirect money to an affordable-housing education campaign.

According to Bob Wieboldt, executive vice president of the Long Island Builders Institute (LIBI), his group is “[F]rustrated that the local government leadership is listening to NIMBYs [Not in My Back Yard] and civic groups who attack all development.”  “These groups are ignoring the silent majority who are calling for affordable housing,” Wieboldt said.  Wieboldt cites as examples a six-month moratorium in Brookhaven, NY, which put planned retirement communities and multi-family housing on hold, as well as  upzoning measures in Suffolk County that have reduced density from one house per two acres to one house per give acres. Wieboldt believes that these actions hurt Long Island’s economy, the building industry, and Long Island families seeking affordable housing.

The article reports that LIBI is likely to join forces with the Long Island Campaign for Affordable Rental Housing, which has put together a media campaign featuring young adults, such as teachers, nurses, and construction workers, who struggle to find affordable housing.  According to Matthew Crosson, president of the Long Island Association, “LIBI’s announcement is a clear sign that solving the work force housing problem is now invading the political arena.”  Crosson noted that his organization could follow LIBI’s lead with regard to political contributions.
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