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John P. Mastandrea, et ux. v. John C. North, No. 119, September Term, 1999 ZONING--TALBOT COUNTY--CHESAPEAKE BAY CRITICAL AREA--VARIANCE-- DISABLED PERSONS--REASONABLE ACCOMMODATION--Where a brick-in-sand path for wheelchair access was constructed within the Critical Area buffer zone adjacent to a creek, in violation of the "no new impervious surface" prohibition in such buffer areas as provided in the Talbot County Zoning Ordinance, it was proper for the Board of Appeals to consider the resident's disability and need for a reasonable accommodation when granting the variance.

Circuit Court for Talbot County Case # 20-C-98-003571

IN THE COURT OF APPEALS OF MARYLAND No. 119 September Term, 1999

JOHN P. MASTANDREA, et ux. v. JOHN C. NORTH, II

Bell, C.J. Eldridge Rodowsky Raker Wilner Cathell Harrell JJ.

Opinion by Harrell, J.

Filed: October 10, 2000

We issued a writ of certiorari on our own initiative in this appeal,1 before it was considered by the Court of Special Appeals, primarily to consider the question of whether Title II of the Americans With Disabilities Act (42 U.S.C.

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