A court battle against a $32 million shopping center and theater complex proposed for Eldersburg is over.

The Carroll County Planning and Zoning Commission voted 5-1 Monday not to appeal a Carroll Circuit Court ruling allowing the center, known as the Promenade, to move ahead.

The court upheld a Board of Zoning Appeals decision allowing the center to be built on industrial land on Route 32 at Londontown Boulevard.

The planning commission's only recourse would have been to file an appeal with the Court of Special Appeals.

"We reviewed the merits of the case and our chances for winning an appeal and saw no opportunity to win," said Thomas Hiltz, planning commissioner. "There was no chance to prevail in the Court of Special Appeals."

Grant S. Dannelly, the only commission member to dissent and the only one who resides in Eldersburg, said the prospect of losing should not be the determining factor.

In the past two years, the commission has taken the zoning board to court about a dozen times but has yet to win.

"Would the Orioles not show up for a game if they thought they would lose?" Dannelly asked. "You take your chances. I felt obligated to vote my conscience. I wanted to appeal, but my colleagues felt otherwise."

The court reviewed more than five days of testimony before the zoning board in making its decision. That evidence included traffic and market studies paid for by the developer. No independent studies were performed.

"I was appalled by the latitude the court took with weak evidence," said Dannelly. "The court decision weakened the planning commission's right to sue. We have a responsibility to ensure new development conforms to the county master plan."

Several Eldersburg residents had joined the commission in the suit, but they too have decided to discontinue the effort.

"Ordinary citizens are at a disadvantage in these battles," said Roberta Windham of Eldersburg. "We can't hire experts to testify in our favor. You have to have deep pockets."

Hiltz had said last week, when he learned of the court's decision, that he saw no reason "to drag the county and the citizens through another costly appeal if there is no opportunity to win."

After reviewing the decision with his colleagues Monday, Hiltz said he saw no reason to change his mind.

Dannelly said traffic issues alone are reason enough to deny the project. A traffic study, funded by the developer, estimates that the Promenade will add 15,000 more vehicles a day to congested roads in South Carroll, the county's most populated area.

Dannelly took issue with the circuit judge's opinion that the evidence on traffic was "fairly debatable."

"There can't be two conclusions about traffic," he said. "Clearly two people standing at the intersection of Routes 32 and 26 would not come to different conclusions about traffic."

This major crossroads for South Carroll is already rated poor because of accidents and delays. The developer has pledged $800,000 for road improvements.

"I don't think $800,000 will pay for anything major," said Dannelly. "The taxpayers will pay heavily, unless we get a long list of conditions on this project."

The Promenade now goes to a planning subcommittee for site approval. Citizens can voice their opinions during site plan and commission hearings.

"This was a project that was not wanted by the people for all the right reasons," Dannelly said. "But it is coming anyway."

Hiltz and Dannelly both urged residents to work with the developer.

"I would like to see the developer, the commission and residents take the opportunity to work together so when the site plan comes before us, there will not be a contentious and unproductive session," said Hiltz. "Let's identify all concerns early and have them considered."

Pub Date: 3/04/99