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Examiner leaves record open for documents and for response to recent appellate opinion

Prince George's County Zoning Hearing Examiner · August 7, 2024
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Summary

The hearing examiner left the record open for the applicant's certificate of good standing and gave parties a short window to file a brief written argument responding to a newly issued Maryland appellate opinion that may affect the legal basis for the mistake claim.

After testimony and cross-examination, the zoning hearing examiner said she would leave the record open to receive a certificate of good standing from the applicant and to allow a short written submission about an appellate decision raised in the hearing. People's Zoning Counsel notified the parties of an Aug. 6 Maryland appellate opinion in County Council of Prince George's v. Robindale Land that concluded the countywide map amendment adopted in 2021–2022 is not a "sectional map amendment," which can affect which prior map governs the "mistake" argument.

The examiner told counsel she had not yet read the full opinion and offered parties an opportunity to file short legal arguments addressing whether the 2010 SMA or other materials control for mistake claims. Counsel said they would obtain and file the certificate of good standing within a week and consider submitting a short written response. The examiner said she would close the record after the supplemental materials were filed.