Smith, Gildea & Schmidt earns victory for Galloway Creek PUD

The Avenue News Edition, June 13, 2013

After earning a victory in Baltimore County Circuit Court on May 22, Galloway Creek, LLC and the developers will move forward with the Planned Unit Development (PUD) on the waterfront in the eastern Baltimore County of Bowley’s Quarters.

Judge Jan M. Alexander of the Circuit Court of Baltimore County announced in open court his decision that he has affirmed the July, 18, 2012 decision of the Board of Appeals of Baltimore County, which approved the Galloway Creek PUD, a 36-unit waterfront condominium development.

“I am very pleased that Judge Alexander has affirmed the Board of Appeals’ decision,” said Larry Schmidt, partner at Smith, Gildea & Schmidt, who represents Galloway Creek, LLC. “The Galloway Creek development is a significant part of the continued revitalization along the eastern Baltimore County waterfront.  My client is looking forward to moving on with the permitting phase.”

Smith, Gildea & Schmidt, a Towson based law firm with substantial experience in land use, business law and governmental affairs, took the unusual step of accepting the zoning case on appeal in 2012, after the project had been denied by the County’s Administrative Law judge.  That decision was later reversed and the project was approved by the Baltimore County Board of Appeals.

Schmidt, a former zoning commissioner for Baltimore County, led the team that convinced the Baltimore County Board of Appeals to reverse the decision of the County’s Administrative Law judge.  The Galloway Creek condominium was previously rejected by the Administrative Law judge on the grounds that it conflicts with the county master plan and that it violates a law that specifies where such projects are allowed in Bowley’s Quarters.

However, in May 2012, in a 2-1 decision at the Board of Appeals, significant results were achieved by Smith, Gildea & Schmidt when they were able to show that the project was a match to the interests of the eastern Baltimore County community, the master and community plan and their elected government officials.