B-CC Middle School / RCH ParkFrom the RCHCA Officers

Litigation Update RCH Park: April 2014

By April 12, 2014 No Comments

Dear neighbors,

Last week, a three-judge panel of the Court of Special Appeals, in Annapolis, released a ruling affirming the decision of the Circuit Court in Rockville, to dismiss our litigation seeking to enforce the law and protect Rock Creek Hills Park. The panel did not rule against our arguments that the proposed conversion of the Park is unlawful; instead, their ruling was based primarily on their finding that the appealing parties lack adjacent property owner and taxpayer standing. Specifically, the Court of Special Appeals held that adjacent property owners lack adjacent property owner standing because the County’s option to reclaim the land for educational use was not a land-use related provision.

This week, the RCHCA Board held an emergency meeting. After reviewing the court’s ruling, and consulting with our counsel, we consider the findings of the Court of Special Appeals to be erroneous. This is particularly true given a March 27 decision of Maryland’s highest court, the Court of Appeals, which reached the opposite conclusion in a different case that dealt with similar issues. Given this, we are preparing a motion for reconsideration, asking the Court of Special Appeals to reconsider their decision on our standing in light of the recent Court of Appeals decision, and to rule on the merits of our case. Failing that, we are prepared to file an application for Certiorari to the Court of Appeals; that is, we are prepared to ask our State’s highest court to consider our case.

Your Board continues to believe that our case has considerable merit, and asks for your continued support in this matter.

Sincerely yours,
Jim Pekar – RCHCA President
John Robinson – RCHCA Litigation Committee