Small Victories Add Up to Bigger Successes
One of the reasons that the Bay is in such a poor state is that government officials too often fail to follow the laws designed to protect it. This is particularly true with respect to zoning regulation, with respect to which most local governments have fallen into the habit of going along with the requests of developers and not enforcing the laws strictly.
We recently won a small victory in Anne Arundel County that illustrates how big a difference committed lawyers can make. The problem was this: Petitions for zoning variances are handled in a quasi-judicial proceeding before an Administrative Hearing Officer. The petitioner, the County Planning and Zoning agency (P&Z), and interested citizens are all given an opportunity to appear and testify. The law requires that P&Z file its written recommendations at least seven business days prior to the hearing. If the case is in the Critical Area, P&Z is required to solicit and consider the views of the Critical Area Commission, which is to be given at least 30 days to review the file.
In practice the examiners at P&Z has routinely ignored this requirement, usually presenting their written recommendation for the first time at the hearing itself. This put citizens who were interested in the matter at an obvious disadvantage in trying to prepare their testimony. Apparently no one had ever challenged this practice.
We decided to do so in a significant zoning case involving intensive development in a largely undeveloped location, in the Critical Area. As of three days before the hearing in the case, P&Z had still not filed its report. Moreover, the Critical Area Commission had not received the file, and consequently had not been able to finalize its recommendations. We sent a letter to the Administrative Hearing Officer asking that the hearing be postponed, and sent a copy to the head of P&Z. He apparently looked into the matter and joined in our request to postpone the hearing. He also apparently met with his staff and told them that from now on they are to adhere to the rules. The Hearing Officer postponed the hearing, and we will now have time to prepare for it. We are confident that from now on, P&Z will be more careful about following required procedures. They know we’re watching.