Khan v Kendall Case Highlights Discretion in Howard County Zoning Enforcement Decisions

September 09, 2025 | Howard County, Maryland


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Khan v Kendall Case Highlights Discretion in Howard County Zoning Enforcement Decisions
The Howard County government meeting held on September 9, 2025, focused on a significant legal case, Khan versus Kendall, which addresses issues related to zoning enforcement and the authority of the Department of Planning and Zoning (DPZ). The case, although unreported, was deemed citable under Maryland law as it presents persuasive authority relevant to local zoning disputes.

The discussion began with an overview of the case, which involved a petitioner dissatisfied with the DPZ's handling of a zoning enforcement issue. The petitioner sought to compel the DPZ to issue a citation regarding alleged violations at a commercial property on Clarksville Pike, occupied by Dogs and Cats LLC. However, the appellate court ruled that the petitioner lacked a clear right to compel the DPZ to act, emphasizing that code enforcement is a discretionary duty rather than a ministerial one.

Key points from the court's findings highlighted that while mandamus actions can compel officials to perform certain duties, the decision to allocate resources for enforcement is at the discretion of the DPZ. The court noted that the petitioner could pursue alternative remedies, such as filing a private action for injunctive relief against the property owner.

The meeting also addressed the limitations of the hearing examiner's authority, clarifying that the examiner could only review whether the DPZ erred in not issuing a notice of violation, not in its broader enforcement decisions. The DPZ confirmed that the case in question had not been closed, indicating ongoing investigations.

As the meeting progressed, participants discussed the implications of the case for future zoning enforcement actions and the responsibilities of the DPZ to adhere to the hearing examiner's decisions. The conversation underscored the importance of understanding the legal framework governing zoning disputes and the avenues available for residents to seek redress.

In conclusion, the meeting provided a detailed examination of the Khan versus Kendall case, emphasizing the complexities of zoning enforcement and the discretionary powers of local government agencies. The discussions highlighted the need for clarity in the enforcement process and the potential for residents to engage in private legal actions when necessary.

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