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Appeals board broke open meeting law

SoMdNews.com, by PAUL S. WARNER

The Maryland Court of Special Appeals sent a case pitting a Washington, D.C.-based defense contractor against Nanjemoy residents back to the county Board of Appeals because the board violated due process protections and the state Open Meetings Act, according to an opinion the court filed Friday.

The opinion, penned by Judge Robert A. Zarnoch, states that the Board of Appeals violated constitutional guarantees of due process and the Open Meetings Act by “conducting a meeting closed to some members of the public at which the merits of the case were discussed, not made a part of the record, but nevertheless relied upon by the Board.”

[...]
Zarnoch also wrote that the board violated the constitutional due process rights of people opposing the project by relying on the site visit for approval without written testimony from the site visit that opponents could challenge through cross-examination and other means.

As a result, the case will now go back to the Board of Appeals for a new public hearing and decision, after WSG requests a new hearing.

The case will technically be remanded to the Charles County Circuit Court before it gets remanded back to the Board of Appeals.
[...]
Mark Mudd, an attorney with Mudd, Mudd & Fitzgerald in La Plata who represents WSG, said he was disappointed in the decision.

“Even a blind squirrel finds an acorn once in a while,” Mudd said.

Mudd said he needed to review the opinion thoroughly before making a decision to move forward with a new hearing before the Board of Appeals.


Posted by: Sammy on 02/08/12 at 12:56 PM
    Page 1 of 1 pages
  • 1. · VICTORY !
    image

    Comment by creekworks  on  02/08/12  at  01:34 PM | [Back to Top] | [Back to Main]
  • 2. · Do I detect just a hint of sour grapes in Mark Mudd's response? To the victor goes the spoils...good one, Creek grin

    Comment by seahorse  on  02/08/12  at  02:50 PM | [Back to Top] | [Back to Main]
  • 3. · Guess who the blind squirrel is?

    Comment by Airwolf  on  02/08/12  at  04:21 PM | [Back to Top] | [Back to Main]
  • 4. · Mark Mudd is a great lawyer - and just doing his job. I enjoy his folksy remarks... I even enjoyed meeting Mr. Miller of WSG, and I thank him for his service to our Country - the beef was never with WSG directly, it was, and IS.. with the COUNTY for allowing this to get where it got without minimum due diligence.

    It ain't over, and will never be over as long as WSG has a footprint in Nanjemoy. We shall see what the universe brings. The entire Vision team is already regrouping and ready to rock. There is now a dedicated tiger team called the "blind squirrels", already enlisting expert witnesses and working strategy.

    The legal review on the Washington Field, commercial USE of a former personal use, private airpark is ready. The FORMER PGM head issued a letter to Al Moran/WSG re-affirming, "non conforming" use.. without a proper procedure. We were holding off until this decision was rendered.

    Of course, the COUNTY told us all, that until a decision was handed down they could not act, and as you see in the article, they are still saying - this has NOTHING to do with them.. Go figure.

    County government spokeswoman Crystal Hunt said that the response from the county and county attorney’s office is that “the matter is between the parties involved and the county is not arguing the merits of case.”


    How about the merits of the application process?!!

    The parties INVOLVED were.. Bowie et all VS Charles County Commissioners.

    Nuff Said....

    Comment by creekworks  on  02/08/12  at  04:32 PM | [Back to Top] | [Back to Main]
  • 5. ·
    Guess who the blind squirrel is?


    Yes, Kurt. You get the gold Blind Squirrel pin with two stars and a wreath. cool smile

    It's a hundred and six miles to Chicago. We got a full tank of gas, half a pack a cigarettes, it's dark, and we're wearing sunglasses.

    Blind Squirrel t-shirts and sunglasses for the hearing.

    Ich bin ein Blind Squirrel

    Comment by Wayne  on  02/08/12  at  09:54 PM | [Back to Top] | [Back to Main]
  • 6. · and we all know what happens to those "nuts" - THEY GET BURIED OR EATEN!!! Ditto for WSG!!!! tongue wink

    Comment by cheryl  on  02/09/12  at  08:23 AM | [Back to Top] | [Back to Main]
  • 7. · Blind Squirrel t-shirts and sunglasses for the hearing.

    http://www.zazzle.com/blind_squirrel_tshirt-235727897334660315

    Better quote, "Even a blind squirrel gets a nut every now and then."

    Better to be a blind squirrel than the nut grin

    Comment by seahorse  on  02/09/12  at  08:41 AM | [Back to Top] | [Back to Main]
  • 8. · Commissioners Letter - to Nanjemoy Citizens last spring:

    "We believe we’ve done all we are allowed to do under the law and the rules and procedures, which the Court requires us to follow. We will await the decision of the Court and, in the meantime, we will be examining procedural rules for all of the County’s appointed boards and commissions, in conjunction with the Office of the County Attorney."



    Crystal Hunt statement to the INDY: Two days ago.. AFTER a decision was rendered.....

    County government spokeswoman Crystal Hunt said that the response from the county and county attorney’s office is that “the matter is between the parties involved and the county is not arguing the merits of case.”

    Can Someone reconcile this for me? The case was Bowie et all VS Charles County Commissioners.

    Comment by creekworks  on  02/10/12  at  03:10 PM | [Back to Top] | [Back to Main]
    • Page 1 of 1 pages

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