An Anne Arundel man may lose his home and a lighthouse he built on a Magothy River island through a lawsuit that will test a new environmental law.
Attorney General Doug Gansler announced the lawsuit Thursday against Daryl Wagner, who owns Little Dobbins Island where he built his large residence, pool and lighthouse.
However, he didn’t have the proper permits, as the island lies in the critical area, designated as environmentally sensitive where development is regulated to protect the Chesapeake Bay habitat.
“We cannot ignore the blatant violations of the critical area law on Little Dobbins Island and excuse them after the fact,” Gansler said in a statement. “Enforcing the laws to protect the Magothy River and the Chesapeake Bay is our top priority.”
The lawsuit tests new laws passed by the General Assembly this past spring, giving teeth to the critical area regulations by allowing the state to sue violators on behalf of the Critical Area Commission.
“There’s nothing controversial about the authority granted in the bill, and it makes the state an equal partner in enforcement,” said Marianne Dise, attorney general’s counsel for the commission.
But Wagner’s attorney Bob Fuoco said the lawsuit misinterprets the rules because Wagner won retroactive variances from Anne Arundel in 2007 after he built his house, making his once illegal action now legal, though environmental groups are appealing those variances.
The new laws require any property owner seeking a retroactive variance to pay fines and fix the damage to the environment.
“But if the state’s interpretation is correct, then anybody who received a retroactive variance in the critical area is subject to the state coming in and tearing their down house because now it’s illegal,” Fuoco said.
However, Dise said even if the appeals fail and the variances are recognized in the courts, Wagner still will have to raze the structures and restore graded land as required by the new laws.
Wagner has long been the poster child of those seeking better rules and enforcement of the critical area, and many consider the Little Dobbins Island as the “black eye” of the county’s critical area enforcement.
Many people have violated the critical area laws and applied for retroactive permits, with some escaping punishment, officials said.
“We can’t have a level playing field if the Wagners of the world can do what they want with no consequences,” said Jon Mueller, the Chesapeake Bay Foundation’s litigation director.
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