Board votes to retain outside counsel for Bulle Rock Estates forest-conservation appeal

The Havre de Grace Zoning Board of Appeals voted to retain outside counsel to assist with an appeal of the Bulle Rock Estates forest-conservation plan amendment related to a Lansdowne subdivision and driveway alignment.

Planning staff explained that an appeal was filed challenging an amendment to the Bulle Rock forest conservation plan tied to development of a 39-lot subdivision and that the board previously retained counsel for a similar appeal. Staff noted outstanding materials and that a prior, related dismissal by the board is the subject of an appeal in the circuit court. A board member said outside counsel would help the board avoid overstepping on technical forestry and legal issues.

During the discussion one member disclosed a conflict: "I need to recuse myself from it because I work with the Department of Planning," the member said. The board voted to retain outside counsel; the city council had previously approved the board's ability to retain counsel when the board votes to do so. Staff will contact prior outside counsel’s office and other attorneys as needed and will manage availability and budget considerations within the city's legal-services appropriation.

Provenance: Discussion and motion to retain outside counsel are documented in the staff presentation and subsequent motion and vote during the meeting.