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Baltimore County Board of Appeals denies motion to reconsider funeral‑home exemption at 11543 Philadelphia Road
Summary
On Oct. 16, 2025 the Baltimore County Board of Appeals unanimously denied a protestant's motion for reconsideration of a special‑exception approval for a funeral home and proposed crematorium at 11543 Philadelphia Road (case no. 24‑076‑SPH), concluding no newly discovered evidence or change in law justified reopening the matter.
The Baltimore County Board of Appeals on Oct. 16, 2025 unanimously denied a protestant's motion for reconsideration of a special‑exception approval for a funeral home and proposed crematorium at 11543 Philadelphia Road (case no. 24‑076‑SPH).
The protestant, identified in the record as Mister Dudek, asked the board to reopen its earlier decision, arguing that (1) Maryland case law supports vested rights following comprehensive rezoning and existing decisions do not address special exemptions with granted time extensions, (2) the rear of the property lies in a floodplain with a stream that limits usable land, (3) parking is limited with no overflow capacity that could endanger pedestrians, (4) the two‑year time limit for the special exemption had expired while the county conducted diligence, and (5) newly available evidence included a recently dedicated playground near the site. The protestant also cited the county's 2023–24 comprehensive map process and contended the site should have undergone rezoning.
The petitioner responded, citing court rules of practice and procedure 12a and case law, and argued that the motion must present newly discovered evidence, a change in law, or an irregularity to justify reconsideration. The petitioner told the board that the issues Dudek raised had been previously presented and did not meet the legal standard for reopening spelled out in the cited authority (Calvert County v Holland Realty, as referenced in the record).
Sharron Bernardi, a member of the Baltimore County Board of Appeals, said she did not view the playground ribbon cutting as newly discovered evidence because the ceremony occurred shortly after the original hearing and therefore "that's evidence that would have been available at the time of the hearing." Bernardi added she did not see new factual information that would require convening a new hearing.
Board members Fred Lauer and Deborah Dobkin agreed. Lauer said the board could not change the law and must apply the statutory language as written; Dobkin concurred there were insufficient grounds for reconsideration based on the evidence before the panel. The board indicated it would issue a written decision denying the motion.
The action recorded at the conclusion of the deliberation is a unanimous denial of the protestant's motion for reconsideration; the board did not schedule further proceedings on the motion during the session. The board did not record a separate vote count beyond the unanimous agreement by the three members present.
The matter on the record is case no. 24‑076‑SPH concerning property described in the hearing as 11543 Philadelphia Road in the Eleventh Election District, Fifth Council District, Baltimore County. The legal owner referenced in the record is listed as 19 a Newport Drive LLC / Evans Funeral Chapel.
