Land-use activists say Arundel zoning bill violates state law

Anne Arundel County residents, disgruntled by a series of zoning changes affirmed by the County Council last week, are weighing legal options to challenge what they claim is a violation of state law.

The County Council overturned 10 vetoed amendments to the comprehensive rezoning bill for South County and Annapolis, allowing zoning changes on a number of projects, including a 118-acre trailer park. County Executive John R. Leopold vetoed 16 amendments to the bill last month, calling them a "flagrant violation" of long-standing development principles.

Ann Fligsten, coordinator of the Growth Action Network, said a state law passed in 2009 requiring localities to adopt and follow broad principles for land development could serve as the basis of a legal challenge. Several of the amendments in question were opposed by the Leopold administration on that basis.

"The people in South County are looking at the results and weighing their options," said Fligsten. "There are still some pretty bad amendments that are not good for the county and not good precedents. When a business owner says, 'I'm going to move my business out of the county if I don't get my zoning,' I think that's outrageous."

Leopold called the threat of a lawsuit a "serious concern," but said he agrees with the premise.

"I firmly believe, and state law requires, that the council must make decisions in conformity with the General Development Plan," said Leopold, a Republican. "I had the option of vetoing the entire bill, but I felt that if I would have done everything, there would have been council members who wouldn't have wanted to go through the process again."

A veto override requires the assent of five of the council's seven members.

Leopold had aggressively lobbied four members of the council — Derek Fink, a Republican from Pasadena; John Grasso, a Republican from Glen Burnie; Richard Ladd, a Republican from Severna Park; and Chris Trumbauer, a Democrat from Annapolis — having private meetings with them to stress the importance of letting his vetoes stand.

Leopold's lobbying appeared to have worked to his favor on some of the most controversial measures. Despite the council's override action, some of Leopold's vetoes stood, including some of the most protested plans: intensified development around Lothian Circle and south of Route 214, an unofficial demarcation line.

Fligsten called that "terrific," but said the bill still has several other problems.

County Councilman Jerry Walker, whose district includes rural South County, said he decided not to seek veto overrides on those two amendments after talking to Leopold administration officials and constituents.

Councilman Jamie Benoit, a Democrat from West County, voted in favor of all of the veto overrides on principle, calling the county executive's line-item-veto power a "flaw in the charter."

nicole.fuller@baltsun.com