A Baltimore County Circuit Court judge has upheld the approval of development of a controversial housing project in Relay in a ruling some attorneys say could undermine the zoning authority of municipalities and counties in Maryland.
The project, known as Hilltop Place, calls for the construction of 198 townhouses on 24.37 acres owned by developer Carl T. Julio.
In a recent opinion, Judge J. William Hinkel said the County Council acted in bad faith and was negligent when it froze development of the property in 1991 after other agencies had approved it.
The purpose of the freeze was to enable the county to buy the land. Judge Hinkel wrote that once the county determined it couldn't meet the asking price, the county should have released the property and allowed the developer to proceed.
The ruling upheld approval of the original development plan. It also means the county cannot enforce new zoning placed on the land.
Opponents of the decision contend that Judge Hinkel's opinion sets the stage -- if upheld -- for the establishment of a legal doctrine that could affect the way the county and other jurisdictions rezone property.
J. Carroll Holzer, attorney for the Relay Improvement Association, which opposed the Julio proposal, said the decision could mean that the county's zoning authority would be undermined if there is a bureaucratic mistake.