County Council of Prince George’s County v. Zimmer Dev. Co.

Zimmer Development Company wished to construct on a parcel of property in Prince George’s County a small retail center and filed a proposed Comprehensive Design Plan (CDP) and Specific Design Plan (SDP) for the development of the property. The Planning Board approved the CDP and SDP subject to conditions. The District Council elected to review the approval and remanded the CDP and SDP to the Planning Board to consider specific areas of concern. On remand, the Planning Board again approved the CDP and SDP. The District Council elected again to review the Board’s revised decision and, after oral arguments, denied the CDP and SDP. The circuit court reversed and remanded to the District Council with directions to approve the CDP and SDP as approved by the Planning Board. The Court of Appeals affirmed, holding (1) the District council was authorized to reverse the Planning Board’s decision regarding the CDP and SDP only if it was not supported by substantial evidence, was arbitrary, capricious, or illegal otherwise; (2) the District Council’s ultimate consideration of the Planning Board’s approvals was limited to the issues remanded to the Planning Board; and (3) the circuit court’s order reversing the decision of the District Council denying the CPD and SDP was appropriate. View "County Council of Prince George's County v. Zimmer Dev. Co." on Justia Law