Appeals Court Affirms Denial Ofcouple's Permit

October 16, 1991|By Staff report

ELDERSBERG — ELDERSBURG -- A federal Court of Appeals has ruled against a South Carroll couple who claimed the county had violated their property rights by denying a zoning permit necessary to establish a private croquet and bridge club.

Irving B. and Peggy T. Gordon contended the permit was denied because they would not agree to improve a private roadto meet county standards.

The Carroll Board of Zoning Appeals ruled the proposed club wouldchange the character of traffic on a side road and could increase traffic congestion at an intersection with Sykesville Road.

The Gordons' previous appeal to the U.S. District Court in Baltimore was denied.

"The trial court found that conditions here imposed were reasonable, were reasonably related to the zoning, were within the police power, and nothing in the record suggests that the commission acted in bad faith or abused its discretion," ruled the U.S. Court of Appeals, 4th Circuit, in Virginia. Interference with a property owner's plans is not sufficient to invalidate a zoning ordinance, the court said.

Peggy Gordon said the couple would probably appeal.

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