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First a little insight about the Q.A.C Commissioners...
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The Q.A.C. Commissioners approved the Growth Allocation "ordinance" on Aug 21, one week after Mr. O'Donnell's comment , quote which follows below: "County Commissioners President George O'Donnell said the Kent Island Defense League should have waited to go to the courts until at least after hearing the commissioners' final decision on the project. He didn't expect the commissioners to vote on it anytime in the 'near future.' " The Capital August 15, 2001
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| Kent
Island Defense League seeks review of decision on referendum
*Group files petition for judicial review |
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| CENTREVILLE - The Kent Island Defense League asked the Queen Anne's County Circuit Court to review the decision that shot down an attempt to have a countywide voter referendum on the Four Seasons at Kent Island project. |
| KIDL
and its president, Chester resident Richard Moser, filed a petition for
judicial review Nov. 5. They are asking the court to review the Oct. 24
decision of the Queen Anne's County Election Board's that KIDL's petition
was deficient.
A news release from KIDL said the citizens group also is pursuing other appeals in the county circuit court concerning the growth allocation. Four Seasons, a planned residential development of approximately 1,350 homes, would be built by K. Hovnanian Companies on 562 acres in the Chester and Stevensville areas, north of U.S. Route 50. No one 17 or younger could live in Four Seasons and at least one primary resident of each home would have to be 55 or older. Growth allocation is a legal mechanism which allows more intensive development in the critical area - the area within 1,000 feet of the tidal waters of the Chesapeake Bay. The county commission approved an ordinance (Ordinance 01-01) Aug. 21 that amended the county's critical area maps by approving 372.5 acres of growth allocation for Four Seasons. The growth allocation would change the critical area map designation of 293 acres from resource conservation area to intense development area, and another 79.5 acres from limited development area to IDA. The ordinance was contingent on many conditions being met, including a developer rights and responsibilities agreement being reached between the county commission and Hovnanian. KIDL members collected 4,409 signatures on a petition that challenged Ordinance No. 01-01 by having the growth allocation question put on the ballot as a referendum for Queen Anne's County voters to decide in the November 2002 election. KIDL submitted the petition to the Queen Anne's County Election Board, a board whose members are appointed by the governor. Under the Annotated Code of Maryland, a county's chief election official is required to determine if a petition for referendum is sufficient or deficient. County election board director Brenda Williams issued a "declaration of deficiency" based on a review of the law and advise from county attorney Patrick Thompson and Maryland Assistant Attorney General Robert A. Zarnoch. Jeffrey E. Thompson, who is the attorney for the election board, said the main point made by Patrick Thompson and Zarnoch was that a state general law - in this case the state's critical area law - is not subject to a local referendum. ©The Star Democrat 2001
send an email to the commissioners with your opinion! (cc to KIDL auto included) |
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