The Washington Grove Planning Commission will hold a public hearing on the recommended Master Plan for the Town of Washington Grove on Wednesday, September 3, 2008. The public hearing will be held in McCathran Hall, 300 Grove Avenue, in Washington Grove, beginning at 7:30 p.m.
Ordinance 2008-02 changes the permitting process and some rules and regulations for the use of Woodward Park and Sports Facilities. The new ordinance limits weekend play by large organized groups with permits to one (1) day and play during the week to no more than four (4) days. Additional changes, including a requirement for resident sponsorship of large organized groups, user fees, deposits, and clarification of closing times, have been incorporated into a resolution to be adopted by the Town Council.
The field condemnation process moved closer to a trial to determine fair market value after two rulings issued by Judge Bernard last week. At a hearing on April 29th, the Judge reconsidered the Town's motion to remove MNCPPC as a third-party defendant, and again granted our motion. At the same hearing, the Judge denied an MNCPPC motion to stay the condemnation proceedings pending resolution of their appeal to the Maryland Court of Special Appeals.
archiveMissy Yachup is stepping down after six years of dedicated minute-taking. Thank you, Missy!!! The PC Secretary takes the minutes at the monthly meetings and transcribes them for approval at the next meeting. The time involved is approximately 4 hours per month and the pay is $11.50 per hour. If you are interested, please call the Town Office, 301-926-2256.
First some background review. The condemnation effort began after several alarming events led the Town to conclude that future use of the LOS field as passive parkland could not be adequately protected by MNCPPC. First, County Council members attempted to prevent Planning Board approval of terms protecting the LOS in the Preliminary Plan for development of the Casey property in December 2004. Subsequently, County Council hearings on revision of the Shady Grove Master Plan in early 2005 seriously considered altering the use of the LOS to that of a school site. We concluded that the Town needed legal standing to independently protect the LOS. Acquisition of ownership of the LOS property utilizing the Town's condemnation power presented the means to acquire such authority, an appraised valuation of $180,000 made this course of action practical, and a Special Town Meeting in the summer of 2005 approved pursuing this goal.
When Toll Brothers refused to discuss the Town's purchase offer, we initiated proceedings in County Circuit Court in the fall of 2005 to conclude the condemnation by determining the fair market value of the property. Because one of the conditions of the Preliminary Plan was conveyance of the LOS field to MNCPPC to be used as passive parkland, MNCPPC was allowed to participate in the suit as a third party defendant. Contrary to our expectation that our common interest in protecting the LOS would facilitate cooperation with MNCPPC, an extended period of discussion ensued during which we sought to reconcile MNCPPC's insistence of having sole legal interest in the property with the Town's determination to acquire the legal right to protect the passive parkland use into the future. When compromise failed, the court case resumed. In February, the Court heard arguments on motions for Summary Judgment filed by the parties. In April Toll Brothers conditionally conveyed the LOS field to MNCPPC subject to approval of their Phase I Site Plan. In July 2007, Judge Bernard ruled in favor of the Town's motion for partial summary judgment that Washington Grove did have the right to condemn the property, and ruled against alternative motions of the Toll Brothers and MNCPPC. Subsequent arguments to reconsider these rulings were rejected by the Court in October 2007. The standing of MNCPPC as defendant has been denied.
The LOS condemnation case has reached a critical juncture, with the Town in a very strong position. The Town has requested the Judge to move the case forward and to schedule a trial date. MNCPPC has the option of pursuing an appeal of the rulings, which would take the case to a state Appeals Court, where a ruling in favor or against MNCPPC could ultimately set precedent on the extent of their authority versus that of a municipality. While an appeal could delay resolution of the condemnation case for 18-24 months, costs to argue the Town's case would be low. If the condemnation trial proceeds, legal costs will likely be modest. We have also been advised that prospects of the LOS field being valued above $180,000 have significantly diminished, and the value may be even lower, due to Toll Brothers conditional conveyance of the LOS to MNCPPC in April, which demonstrated they accepted the passive parkland land use of the LOS. This has been further supported by Toll Brothers pursuit of the Phase I Site Plan to ultimate approval in September 2007, which requires the conveyance of the LOS as passive parkland prior to the recordation of new lots.
Roy McCathran, the Town's first mayor, referred poetically to Washington Grove as "a town within a forest, an oasis of tranquility and a rustic jewel in the diadem of the great free state of Maryland."
See Calendar of Permits issued for soccer on the Woodward Park Athletic Field
Bulk trash collection...05.17.08 Please make note of a new requirement to separate your metal from the rest of your trash.
Service issues? Please contact Kathie Evans
The Washington Grove Planning Commission will hold a public hearing on the recommended Master Plan for the Town of Washington Grove on Wednesday, September 3, 2008.