In the latest ruling favoring property owners, the state's highest court said yesterday that a landowner cannot be faulted for creating his or her own land-use problem -- and be denied use of the land because of it -- when the landowner has done what local officials found appropriate in complying with zoning laws.
The 5-2 decision by the Maryland Court of Appeals centers on an odd-shaped, 1.5-acre waterfront lot outside Annapolis. Owner Nancy R. Stansbury began the process of seeking building approval for the lot on Pleasant Lake about six years ago and ended up in court when neighbors protested.
"We are delighted with the court's opinion. It verified that Ms. Stansbury's actions in this case were not self-created, as we always contended. We look forward to going back before the Board of Appeals," said Charles R. Schaller, Stansbury's lawyer.
The court said the Anne Arundel County Board of Appeals was wrong to tell Stans- bury in May 2000 that she caused her own problems in complying with zoning laws by the way she reconfigured the subdivision lines in 1991 for the Pleasant Plains neighborhood.
Over the objections of the community she developed, Stansbury sought 15 variances to build a home closer to the water than allowed under the county's Critical Area Law and zoning rules. The board denied them.
The majority opinion, by Judge Dale R. Cathell, does not give Stansbury a green light to build. Instead, it returns the issue to the Board of Appeals for reconsideration. The zoning appeals panel also had said Stans- bury did not show why the exceptions to the laws were the minimum she needed in order to build.
Neighbor Randy Q. Jones said he was shocked by the court's ruling and expects to continue his opposition when the case returns to the local zoning panel.
Two judges agreed with Stansbury's rivals, saying she knew in 1991 that she was creating a nonconforming lot when she didn't have to create one.
"We should leave Ms. Stansbury with the hardship she created and not open up vast new stratagems for developers to circumvent land-use laws designed to protect everyone else," Judge Alan M. Wilner wrote for the minority.