YOU CAN'T help but wonder about some things in the dragging court appeal of Covenant Park, the 10-field complex the Soccer Association of Columbia/Howard County wants to build for use by its nearly 6,000 players.
We raise this now, because a scheduled Dec. 17 trial in the case, which was delayed enough in what feels like a relatively simple land-use matter, has just been pushed back by more than four months - until April 24.
And that alone, given the added time it will take for the judge to issue a written ruling, the playing calendar, construction requirements and growing seasons for grass has probably cost SAC/HC another year in being able to play on fields it has coveted for a decade.
The county Planning Board last year and the county's Board of Appeals, early this year, both approved the project for most of 52-plus acres of agricultural land on Centennial Lane's west side, roughly opposite Centennial Park.
There was no organized opposition, and the few individual opponents got ample time to state their objections.
But a neighbor and two lawyers acting as individuals took the Board of Appeals decision to Circuit Court. It's their right, certainly, but you can't help wondering why they're bothering.
Their appeal seems built with thin twigs, given an admittedly nonlawyerly reading of court documents on file in Ellicott City.
They claim, for instance, that SAC/HC didn't own the land and, thus, lacked legal "standing" to seek the rulings needed from county government.
Not so, is the soccer group's reply, with a Maryland case-law citation that seems relevant. A deal to buy the land from Covenant Baptist Church of west Columbia was pending, the soccer club says, and the church agreed in writing that SAC/HC could seek whatever approvals were necessary to make it happen. The letter is in the court file.
Planned parking lot lights won't satisfy county standards, the opponents claim. No, counters SAC/HC, its lawyer citing expert testimony, as well as the county's rules.
Too much traffic, the three opponents say yet again, but still without data to counter the expert testimony provided repeatedly by a SAC/HC consultant, numbers that were accepted by the county planning department and Board of Appeals. Case law, SAC/HC counters, says the court can't accept personal opinion in such matters over expert testimony.
Whatever, the opponents persist. The court ought to jointly consider separate but necessarily intertwined Board of Appeals rulings in favor of both SAC/HC's plans and those for part of the same acreage by Covenant Baptist.
The combined impact of the soccer complex and the church wasn't studied by the county, the opponents say. No deal on that one, the court already has ruled.
You have to wonder about all this because however you look at the technicalities of the filings and administrative proceedings, the bottom line doesn't change.
The soccer group had money to buy fields. The church had land but needed money for a new sanctuary. So they struck a deal - SAC/HC paid the church more than $1 million last month for the acreage it needs. Contractually, they will share parking and mesh operating times to minimize program and traffic conflicts.
Everyone seems happy, except that neighbor, whose objection might be understandable but is outweighed by community benefit, and those two lawyers, who live off Centennial Lane, maybe three-quarters of a mile from the proposed soccer complex. One of those lawyers, it may be worth noting, is a former SAC/HC rec-level coach.
You have to wonder about the court system, too. Other than the 25 or so pages of arguments in that court file, not a word has been uttered before a judge - make that the three judges who have been assigned the case this year.
Dennis M. Sweeney got it Aug. 2 but nearly two months later, on Sept. 27, recused himself because his two college-age daughters had been SAC/HC travel players. James Kraft got it Sept. 30 but was taken off it days later, no reason given. James B. Dudley got it Oct.7, but his calendar is so full he can't get to it until April.
Oh, another thing to wonder about: Contrary to what SAC/HC officials had been saying for months, the Circuit Court decision, when it comes probably in mid-2003, can, in fact, be appealed.
Along the sidelines
We muffed by a week the next meeting date for the new Mid-Maryland Triathlon Club, which is based in Columbia. It will be Dec. 2 at the Snowden Square Bertucci's restaurant in Columbia. RSVP to the club's Web site.
The club, incidentally, has chosen its first officers. Columbian Joy Koenig, the club's founder, about whom we wrote last week, was chosen president. Three other Howard countians are serving, as well: Elkridge's Mike Snider as treasurer and Columbia's Lisa Soule and Rachel Myers as secretary and communications officer, respectively. Annapolitan Greg Steinbach is vice president, and Olney's Amy Krupka was picked member-at-large.
Call the writer at 410-332-6525 or send e-mail to lowell.sunderland@baltsun.com.