A group of northern Baltimore County residents said they plan to file a lawsuit against the county for rezoning property slated for development in exchange for recreational fields, an attorney said this week.
After months of debate and tedious hearings, county zoning commissioner William Wiseman Thursday evening said he will approve plans for 19 new homes in Freeland off rural Middletown Road, known as Shelley?s Fields.
The decision came after property owner Randy Shelley agreed to drop a contentious 32,000-square-foot indoor recreation facility and 600-spaceparking lot from the plans, and reduce the number of recreational fields he wants to build.
But Shelly offered to build the ball fields with the help of a local recreation council and eventually turn them over to the county ? if the county agreed to rezone his property to allow for more homes. The county illegally consented, said attorney G. Macy Nelson, representing the Freeland Legacy Alliance.
“It was illegal contract zoning,” Nelson said after Thursday?s hearing. “The county gave Mr. Shelley the increased density on the residential component of the project in return for his donation of land for recreational fields.”
Thursday marked the seventh hearing during the controversial development approval process. Representing the Freeland community association, attorney J. Carroll Holzer at one point subpoenaed several top county officials, including County Executive Jim Smith and District 3 Councilman Bryan McIntire, to question them on the zoning agreement. Only recreation and parks director Bob Barrett testified.
Holzer said the community supports the revised plan.
“They have great empathy for the kids who want to play at the ball fields, but they felt it was too much for this particular location,” Holzer said.
A recreation and parks representative asked Wiseman to move a parcel of open space into the area designated for athletic fields, in case the portion is later conveyed to the county. Attorney Howard L. Alderman Jr., representing the developer, said the county has no authority to request modifications to the agreement.
“They county comes and says, ?we?d like to have it,?” Alderman said. “Let them condemn it. They have no jurisdiction over this … there?s no guarantee the are going to take title of this.”
