Court upholds judge's ruling on property Houses may be built on Cape St. Claire land

June 05, 1996|By Dennis O'Brien | Dennis O'Brien,SUN STAFF

A state appeals court upheld yesterday an Anne Arundel Circuit Court decision to permit a group of property owners to build at least eight houses on 3 acres in Cape St. Claire.

The Court of Special Appeals ruled that Circuit Judge Bruce C. Williams was correct last year when he decided that the tract along Cape St. Claire Road, just north of the Cape St. Claire Fire Station, may be rezoned from open space to residential uses.

The ruling clears the way for the Cape Corp. to build houses or sell the property for residential development, said Harry Blumenthal, the lawyer for the property owners.

A group of neighbors had fought the rezoning, saying the increased residential development would crowd the schools, increase traffic and cause flooding.

Blumenthal said the ruling means that up to eight houses may be built on the tract instead of one.

The amount of land between the homes will be the same as in the surrounding community, he said.

Richard DeTar, a lawyer for the neighbors, said up to 17 houses could be built at the site, depending on how many a developer is able to put on the slopes and drainage areas.

"You can bet if they can find space for 10 or 12 [housing] units out of that area, they'll do it," DeTar said.

Pub Date: 6/05/96

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