Judge says Carroll must OK housing

New facilities laws don't apply to proposed development

county says it will appeal

October 26, 2005|By MARY GAIL HARE AND TIMOTHY B. WHEELER | MARY GAIL HARE AND TIMOTHY B. WHEELER,SUN REPORTERS

In a ruling that highlights the difficulties Baltimore's suburban counties are having balancing growth with school and road construction, a Carroll County judge has declared that Carroll's stringent new adequate-facilities law does not apply to housing developments proposed before the restrictions took effect.

Circuit Judge Michael M. Galloway ordered the county late last week to let a builder proceed with 105 homes in Mount Airy, declaring that the county's adequate-facilities law could not be applied to projects already in the planning pipeline.

s findings on the impact of local development moratoriums in Maryland at baltimoresun.com/smartgrowth

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