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Baltimore County Board of Appeals allows zoning petition withdrawal for Green Spring Manor, development plan remains concluded
Summary
The Baltimore County Board of Appeals granted the developer’s request to voluntarily dismiss the zoning petition related to the Green Spring Manor project at 2310 West Joppa Road without prejudice, while finding the development plan case already concluded and not subject to withdrawal.
The Baltimore County Board of Appeals on Jan. 23, 2025 granted the developer’s request to dismiss the zoning petition in the Green Spring Manor matter without prejudice, while ruling the related development plan case has concluded and cannot be withdrawn.
The action concerned case CBA 24030 and a companion filing related to Green Spring Joppa Falls LLC’s proposed Green Spring Manor at 2310 West Joppa Road. The board heard a short deliberation on a voluntary dismissal filed by counsel Adam Rosenblatt on behalf of the developer and reviewed the case’s procedural history, including Administrative Law Judge (ALJ) rulings and a subsequent Board order.
The procedural background presented to the board traces the matter to an ALJ denial in July 2023, the ALJ’s later reconsideration and approval of an amended combined development plan and zoning order in April 2024, and a Board of Appeals order in August 2024 reversing the ALJ’s approval and reinstating the original decision. The board also recounted that the Baltimore County Council rezoned part of the property in August 2024 and that a motion for reconsideration and remand by the developer was denied by the board in October 2024.
“I think that, and succinctly, I think that as far as the development plan case goes, that that case has concluded,” Paul Schock, member of the Baltimore County Board of Appeals, said during deliberations, noting that the board’s rules limit withdrawal of a concluded matter.
The chair of the board, identified in the record as the chair of the Baltimore County Board of Appeals, said the board could grant dismissal of the zoning case without prejudice and that the developer could refile in the future consistent with county code and zoning regulations. “I would grant the dismissal of the zoning case, but without prejudice,” the chair said.
Board member Polshak voiced agreement with that approach. “I agree exactly with you. Absolutely,” Polshak said.
The board’s decision leaves the ALJ’s judgment on the development plan intact while removing the then-pending zoning appeal from the board’s docket without prejudice, meaning the developer may refile the zoning matter later subject to any applicable rules or limitations in the county code and the board’s procedures. The board did not record a formal roll-call vote in the transcript excerpt; the ruling was reached by agreement on the record.
The transcript shows the board relied on its procedural Rule 3 in determining that the concluded development plan could not be withdrawn and that dismissal of the zoning appeal without prejudice was an appropriate disposition. The board did not specify conditions or a time limit as part of the dismissal in the on-the-record deliberation.
