Kent Island Defense League

News

Four Seasons battle still on
By MARGOT MOHSBERG, Kent Island Staff Writer

A county Circuit Court judge's ruling will allow opponents of the largest project ever proposed on Kent Island to continue to try to halt it.

But who exactly will lead that battle isn't the same.

Circuit Court Judge John W. Sause Jr. ruled on Oct. 16 that the Kent Island Defense League does not have legal standing in the case and therefore cannot be an active participant in the court battle.

Left to take over are Robert Foley and Marilyn Donovan, neighbors of the 1,350-home site on Castle Marina Road who filed the complaints with the defense league.

Rick Moser, president of the citizens group which formed last year to monitor development on Kent Island, said he was satisfied that the court decided to let someone appeal the state and county's approval of the project even if it wasn't the defense league itself.

"We wanted an independent third party to review the approval process," he said. "The legal issues are complex, and I am encouraged that we have cleared the first hurdle."

Joseph A. Stevens, attorney for developer K. Hovnanian, said he was not surprised by Judge Sause's decision.

"It's nothing that we didn't anticipate," he said.

The defense league, Mr. Foley and Ms. Donovan on Aug. 8 filed a petition asking the court to review plans for the Four Seasons project.

In their complaint, they argued that the state and the county improperly approved the developer's request for growth allocation, or rezoning to allow intense development in 293 acres of critical area.

Last week, Judge Sause instructed Richard O'Connor, the attorney for the defense league and residents, to file an amended complaint by Nov. 26 that removes the defense league from the case.

He ruled that the defense league could not be part of the case because it was not an adjacent property owner.

The complaint should still ask for the court to review the developers' plans to determine if the county and state should have approved "growth allocation" allowing intense development in the Critical Area.

The Chesapeake Bay Critical Area Commission recommended in July that the county grant the growth allocation necessary to build the project, the largest ever planned for Kent Island.

The county commissioners had granted preliminary approval for growth allocation in April and, with the Critical Area Commission's recommendation, final approval in late July.

Note from KIDL: The following quote is from The Capital on 8/15/01 after the KIDL filed an appeal on August 8th to the Critical Area Commission's approval of growth allocation of Four Seasons,
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

KIDL Web Guy Asks...

Mr. O'Donnell, what is your definition of 'near future'? ... you voted YES the next week, on the 21st. Six days later is not in the "near future"? I see...

Return Home