Arguments heard in comp plan lawsuit against county

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Source: Frederick News Post
Author: Bethany Rodgers
Article Type:
Date Published: 10/23/2013

A legal challenge to the county’s long-range growth plan should be tossed out of court unless commissioners made an error of constitutional proportions, county attorneys argued Tuesday. On the opposite side of the courtroom, attorneys contended that judicial oversight of local government extends beyond the limits of the state and federal constitutions. During a court hearing that stretched into early afternoon, debate centered on whether a judge should dismiss a lawsuit filed against the county. The plaintiffs, including a number of county residents and the nonprofit Friends of Frederick County, take issue with how and why commissioners changed the comprehensive plan, a document officials use to map a 20-year course for local growth. Rather than considering the county as a whole, commissioners simply eased development restrictions on a handful of properties, the plaintiffs argue. The underlying reason for making the changes was to increase land values, an improper motivation, according to the complainants.