Preview:

Wesley Chapel Bluemount Association, et al. v. Baltimore County, Maryland No. 90, September Term, 1996

Open Meetings Act: Baltimore County Board of Appeals, when considering development plan, must conduct its deliberations in open session.

Baltimore County CV 9462 IN THE COURT OF APPEALS OF MARYLAND

No. 90 September Term, 1996 ______________________________________

WESLEY CHAPEL BLUEMOUNT ASSOCIATION et al.

v.

BALTIMORE COUNTY, MARYLAND

______________________________________ Bell, C.J. Eldridge Rodowsky Chasanow Karwacki Raker Wilner, JJ. ______________________________________ Opinion by Wilner, J. Eldridge, J. , dissents. ______________________________________ Filed: September 5, 1997

The question before us in this appeal is whether the Baltimore County Board of Appeals was required by the State Open Meetings Act to deliberate in open session when considering an appeal from a hearing officer's approval of a development plan. An ancillary question, which the record does not permit us to resolve, is whether, upon a finding by the Circuit Court for Baltimore County that the board was so required and violated the law in not conducting its deliberation openly, the court was justified in requiring the county to pay 65% of the attorney's fees incurred by the persons challenging the board's action. We shall hold that the State Open Meetings Act applies to the consideration of development plans and thus required the board to deliberate in open session, and we shall therefore reverse a contrary judgment of the Court of Special Appeals. Because the circuit court omitted to make certain findings, however, the case will have to be remanded for further proceedings in that court with respect to whether (1) the violation justifies vacating the board's order, and (2) it justifies the award of attorney's fees. This case is governed by four sections of the State Open Meetings Act, codified as Maryland Code (1995 Repl. Vol.),

Download Wesley Chapel v. Baltimore.pdf

Maryland Law