Hearing examiner leaves record open in St. Mary’s dispute over roadside-stand permit

St. Mary’s County Hearing Examiner Jack Upton left the record open for 10 days on an appeal by Joseph and Christy Henderson challenging permits tied to Timothy Dean’s seafood business, saying he would then take up to 60 days to issue an order.

The Hendersons asked Upton to void or remand a roadside-stand permit and related permitting actions by the county’s Land Use and Growth Management office (LUGM), saying LUGM improperly enabled on-site commercial sales along a private easement that serves their property and Buzz’s Marina. “We are here … because we disagree with the decision that Land Use and Growth Management made regarding a permit,” appellant Christy Henderson said under oath.

Why it matters: The case raises whether the St. Mary’s Comprehensive Zoning Ordinance’s technical requirements for roadside stands (including a 10-foot front-yard setback measured from a public way) can be satisfied where a business would operate from property accessed only by a private easement. The Hendersons say the county’s permitting decision alters private…