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Marylou Berg, Communication Manager, 240-314-8105
Beall's Grant II Use Permit Upheld by Circuit Court
Rockville, Md., June 2, 2009 - In an appeal heard on May 29, the City of Rockville's Planning Commission was found to have appropriately applied the City's Adequate Public Facilities Ordinance when granting a use permit for the Beall's Grant II housing project.
Judge Debelius of the Circuit Court for Montgomery County heard oral arguments on the Beall's Grant II appeal on May 29. The Petitioners filed a complaint contending that the City of Rockville's Planning Commission failed to properly apply the schools test in accordance with the requirements of the City's Adequate Public Facilities Ordinance and Adequate Public Facilities Standards.
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).
