Four Town Center residents must prove a proposed high-rise harms them before they can appeal a planning board decision to approve the building in the middle of Columbia.
But attorneys for the developer argued against their concerns during Monday?s motions hearing before Hearing Examiner Thomas Carbo on Monday in the Ellicott Room of the George Howard Building in Ellicott City.
Residents JoAnn Stolley and Joel Broida live in the adjacent Lakeside condominium complex, Stephen Meskin lives within viewing range of the proposed 22-story high-rise on Vantage Point Road, and Lloyd Knowles lives 1 1/2 miles away, on Suffield Court in Columbia.
They said the building would decrease sunlight and views from their houses and impede their ability to drive and walk around their homes. They were represented by Aleck Adams, of the Law Offices of Adams and Adams.
Columbia real estate attorney Richard Talkin, representing the builder WCI Communities Inc., said the residents are not specially aggrieved. To have standing for an appeal, residents must prove they are “specially aggrieved” by a county decision, under Howard County code.
Talkin, who was assisted by Scott Morrison, of the Katten Muchin firm in Washington, said the value of the residents? homes would improve due to the high-rise.
“The traffic is less, the noise is less. Agrievement has not been shown,” Talkin said.
Usually, residents who live on nearby property are considered specially aggrieved if they feel a building could be blocking access, for example.
“There is not specific statutory definition in the code. It is up to the hearing examiner to determine it,” said Paul Johnson, deputy county solicitor for the Howard County Office of Law.
If they can prove standing, the residents will attempt to show that the planning board illegally approved the plans for the high rise, allowing WCI Communities Inc., the builder for General Growth Properties, to build residential units past its set limit.
What?s next
» The hearing on the proposed high-rise will reconvene at 10 a.m. June 5, in the Ellicott Room of the George Howard Building on Court House Drive in Ellicott City. The hearing examiner will determine whether to allow the four residents to testify in the case.
