Posted by: Patricia Salkin | August 19, 2016

MD Court of Appeals Holds Board of Appeals and ALJ Lacked Authority to Review Alleged Appearance of Impropriety in Initiation of Process for Approval of Planned Unit Development

Editor’s Note: The following is reposted from the Court of Appeals summary:

“The courts ordinarily do not review the motives of the Legislature when reviewing a legislative enactment unless the evidence establishes that the government body or actor was acting outside its legal boundaries. Actions of a local government body that are legislative in nature, as opposed to quasi-judicial or adjudicative, are subject to a more limited review. The planned unit development approval process in Baltimore County requires both legislative and adjudicative processes, which involve separate standards for judicial review. The Baltimore County resolution at issue was a legislative act and thus not subject to ordinary judicial review beyond the limited inquiry of whether the County Council was acting within its legal authority in adopting the resolution. As such, the Board of Appeals was correct in concluding that it and the Administrative Law Judge lacked the authority to review an alleged appearance of impropriety in the initiation process underlying the resolution.”

Kenwood Gadens Condominiums, Inc. v. Whalen Properties, 2016 WL 4411306 (MD 8/19/2016)

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