Rockville Zoning Change Could Result In Lawsuit
Is it unconstitutional to change zoning laws that affect a project already underway
The New Year could mean new litigation for Rockville, Maryland, if the city moves forward with a proposed zoning change. The zoning amendment would bar self-storage warehouses from being located within 250 feet of a public school in several different zones around Rockville.
The proposal would torpedo the plans of one company to place a 110,000-square-foot storage facility on a site on Taft Street. Siena Corp. of Columbia, Maryland, says the restrictions would make the land useless and destroy the value of its investment at that location. An attorney for the company has promised that Siena will sue if the zoning change is approved.
A vote has not yet been held on the proposal, but the mayor and city council, by a vote of 3-2, directed staff to bring the measure back for introduction. Observers regard the zoning change as having good prospects.
One supporter argued that the amendment was not “spot zoning” or an attempt to target Siena or its project and would apply citywide. Still, a proposal to grandfather in the Siena storage facility in order to avoid litigation failed. A proposal to set aside funds to cover legal expenses also failed.
Proponents of the change say it would benefit the health and safety of children and that storage facilities are not the right type of development for the areas in question.
Opponents say that a warehouse would generate far less traffic than other uses and question the rationale for the zoning amendment. Rockville’s Planning Commission had voted the proposal down 5-1 and the Commission’s comments suggested that it was hard not to see the proposal as spot zoning, targeted at the Siena project.
Whether the zoning change will pass remains to be seen. But the episode is an example of what every business or real estate developer fears committing capital to a large project and then having to engage in a protracted legal battle against new regulations that block it from moving forward.
For real estate executives and professionals stymied by unexpected developments, the expert real estate litigation team at Longman & Van Grack can help you protect your investment and your rights. We have expertise handling all types of real estate litigation matters, from zoning and land use issues to constitutional challenges. Contact us today at (301) 291-5027 to schedule a free consultation at our Bethesda or Rockville, Maryland offices.
