Court Rules: City Properly Implemented APFO On Beall's Grant II
May 29, 2009 14:46 - 8 Comments
Montgomery County Circuit judge >John Debelius has ruled from the bench in favor of the City of Rockville regarding the appeal to overturn the Rockville Planning Commission’s approval of the use permit for the expansion of Beall’s Grant II.
The Court was asked to determine if the city’s Adequate Public Facilities Ordinance (APFO) was followed. Judge Debelius determined that the APFO was implemented correctly by Scott Ullery, City Manager and that the City acted reasonably in using the enrollment figures from the Montgomery County Public School administration.
Last October, Contessa Crisostomo from the Gazette summarized the arguments on both sides. Now a judge has made the decision. A written ruling is expected in the next couple of weeks.
There is no word yet as to whether an appeal is planned.
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This is very good news. Hopefully the rifts created by opposition to this worthy project can begin to be healed.
Hopefully the rifts created by the proponents of this project can begin to be healed.
cute. except…the proponents didn’t file suit against the city.
nor spread misinformation..and worse. and still are.
ok, ok, we all made our points. let’s stay civil, friends!>
Brad
Can you explain this post a little more? Does the ruling essentially mean that they’re cool with the number of kids currently attending Beall Elementary and that it’s reasonable to add a housing development that’s going to add to that population? Or does it just mean that using the enrollment figures is okay? Thanks from all us non-lawyers!
From the City’s press release today, perhaps this will clarify:>
“Judge Debelius rejected the Petitioners’ claims and upheld the Planning Commission’s decision in granting a use permit to Montgomery Housing Partnership for the Beall’s Grant II project. Specifically, the Court ruled the there was a sufficient basis to support the Planning Commission’s finding that the project met the City’s schools test, and that Planning Commission was justified in relying on the figures and calculations prepared by Montgomery County Public Schools (MCPS).”
[...] committee as well as other concerned parties, informing them that the group that had previously filed and lost a complaint that the City had not followed its own Adequate Public Facility Ordinance, has now filed a notice [...]