Court of Appeals Denies Bowleys Quarters Community Association’s Appeal

Galloway Creek Waterfront Condominium Project Will Proceed as Planned

Seal_of_Baltimore_County,_Maryland

Seal of Baltimore County, Maryland

The Court of Appeals of Maryland recently denied the Petition for Writ of Certiorari filed by Bowley’s Quarters Community Association (BQCA) in opposition to the Galloway Creek Planned Unit Development (PUD) in eastern Baltimore County. The denial was issued by the Court on August 28.

Previously on May 8, 2014 the Court of Special Appeals of Maryland affirmed both the May 22, 2013 judgment of the Baltimore County Circuit Court and the July 18, 2012 decision of the Board of Appeals approving the Galloway Creek PUD.

The project’s developer, Galloway Creek, LLC is currently in the permitting phase for the PUD, a 36-unit residential condominium development. The appeals in opposition to this project are thus exhausted.

“I am very pleased with the Court of Appeals’ decision,” said Larry Schmidt, partner at Smith, Gildea & Schmidt who represents Galloway Creek, LLC. “My client can finally move forward on the development of the Galloway Creek PUD. We are excited to see this project come to fruition after years of planning and know that it will be a gem along Baltimore County’s waterfront.”

 

Background

Smith, Gildea & Schmidt (SGS) took the unusual step of entering their appearance in this case after the project had been denied by the County’s Administrative Law Judge. This denial was appealed by SGS to the Baltimore County Board of Appeals where the decision was reversed and the project approved.Schmidt, a former zoning commissioner for Baltimore County, led the team that persuaded the Baltimore County Board of Appeals to reverse the decision of the County’s Administrative Law Judge.The Galloway Creek condominium plan was rejected by the Administrative Law Judge on grounds that it conflicts with the County Master Plan and neighborhood community plans, and that the PUD development was not located on that portion of the property that was zoned to permit the development.

However in May 2012, in a 2:1 decision at the Board of Appeals, SGS convinced a majority of the Board’s panel that the project was consistent with the Master Plan and Community Plans for eastern Baltimore County and that the condominium layout was located on that zoned portion of the property which permitted the residential development.