A Harford County builder has filed a $24 million lawsuit against the county, alleging that incorrect school capacity figures led to an illegal moratorium in Fallston.
Fallston Valley Farms LLC filed the lawsuit last week in Harford County Circuit Court. It seeks compensatory damages and an injunction that would allow the company to build a development off Angleside Road.
Frank R. Laws, lawyer for Fallston Valley Farms, said that in negotiations with the county he was unable to win approval for the company's subdivision plans.
"It's challenging for the county because it's a situation that existed before the current administration and the current superintendent came on board," Laws said. "It's all tied into the figures reported to the county by the school board."
Frank Carven III, attorney for Harford County, declined to comment on the lawsuit because it is in litigation.
"We really can't discuss it," Carven said. "Not while it is pending."
At the center of the lawsuit are enrollment statistics for Fallston Middle School.
According to the 1997 Annual Growth Report prepared by the county, Fallston Middle's capacity is 900 students and the enrollment of 1,121 students means the school is at about 125 percent of capacity.
Under county regulations, a moratorium on residential development can be imposed in an area where a school is at 120 percent or more of capacity.
A moratorium was placed on Fallston in 1994.
Figures in the report predicted the student population would continue to increase.
The lawsuit contends that the school board incorrectly assessed those numbers because officials failed to correctly follow the state's formula for calculating capacity.
In addition, they included in the enrollment figures students who do not live in the district but have been granted a waiver to attend Fallston Middle School, the lawsuit says.
The lawsuit also says that the crowding problem could be relieved by redistricting.
Donald R. Morrison, spokesman for the county school system, which was not named as a defendant in the suit, said capacity figures are compiled by the state and the school system.
Morrison declined to discuss specifics of the suit.
Pub Date: 3/23/99