Court affirms county's refusal to rezone land

November 17, 1993

The Court of Special Appeals has upheld Anne Arundel County's refusal to rezone the last large undeveloped tract of land in Brooklyn Park to allow townhouses, giving neighborhood opponents of the plan a clear victory.

"It's a real big victory for the neighborhood," said Richard C. Bittner, a local lawyer who represented community residents.

The zoning on the 11.3-acre tract on Ballman Avenue allows five single-family houses on an acre. Lawyer Thomas A. Pavlinic planned to buy the property to build 94 homes, including 86 townhouses, if he could get the necessary zoning.

The owners are descendants of Henry Ballman, whose estate once included much of what now is Brooklyn Park. They have tried repeatedly to have the property rezoned to allow higher density development.

The latest effort -- which resulted in the recent court decision -- started in 1991.

Mr. Pavlinic could not be reached for comment yesterday.

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