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County settles dispute in which it faced suit for blocking project

The Baltimore Sun

Anne Arundel County has reached an agreement to allow a Baptist church to build a school on a controversial site in Lothian, potentially ending a federal lawsuit that accused the county of unlawfully altering its zoning rules to block the project, officials said.

Under the deal, the county would expedite a review of the project plans on 57 acres by Riverdale Baptist Church Inc. as well as applications for building and grading permits. The lawsuit has been stayed for two years, during which time the conditions must be met, according to court documents.

The two sides struck the settlement with a federal magistrate in November.

The Upper Marlboro-based church is holding a mandatory public meeting at 6 p.m. Monday on the proposed school, which has been referred to as Arundel Bay Christian Academy. The meeting will be held at the Capitol Baptist Church in Lothian.

Riverdale is seeking to subdivide the property for three residential lots and acreage for the school, according to information listed on the county's Web site.

The church can again pursue the lawsuit if several conditions are not met, including:

The County Council must remove zoning rules such as those that block the building of a private school with fewer than 125 parking spaces on a scenic or historic road.

Approval of building and grading permits for a two-story classroom that doesn't exceed 40,000 square feet; an entrance road from Wrighton Road; and two private fields.

Approval by the county Health Department of septic and storm-water management facilities for the church and the school buildings.

Permission to subdivide the tract to create three residential lots.

County Attorney Jonathan Hodgson declined to say when legislation would be presented to the council.

However, it cannot occur until the Health Department performs percolation tests for the lots, which would occur at the earliest in the spring.

"The settlement provides us with a way to limit our risk and conveys [it] to the County Council to consider legislation to remove the legal impediment to this school," Hodgson said.

If the conditions are met, and Riverdale dismisses the case, the county would also pay the church $150,000 and waive up to $150,000 in impact and permit fees, county documents stated.

Republican Councilman Edward R. Reilly, who represents South County, has opposed the building of the school in Lothian, saying it's an unsuitable location given the lack of infrastructure to handle the congestion.

It's unclear what the council's position would be.

Reilly said he was not part of the negotiations and was recently notified by the county of an agreement.

Representatives for the church filed the federal lawsuit in October 2006, seven months after the County Council designated 23 roads in southern Anne Arundel as scenic and historic to keep schools, country clubs, landfills and other facilities from being built in adjacent rural-agricultural districts.

School officials had sought permits since 2002 to build a 31,000-square-foot Arundel Bay Christian Academy at Wrighton and Pindell roads, which are designated as scenic and historic roads. Passage of the roads bill in February 2006 effectively killed those plans.

Church representatives charged the county with discrimination, arguing in part that they were being treated "on less than equal terms" than applicants wanting to build nonreligious schools on such a site.

The county has argued that it violated no laws and believes it would have ultimately been successful in fighting the case.

Representatives for Riverdale Baptist Church could not be reached for comment.

phill.mcgowan@baltsun.com

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