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Garrett marinas case heads back to court

Deep Creek Lake businesses file appeal

Elaine Blaisdell Cumberland Times-News

OAKLAND — The mini-marinas case will go back to Garrett County Circuit Court with a hearing scheduled for March 29. Two cases, a declaratory judgment and an administrative agency appeal were consolidated during a hearing Dec. 10.

Also during the recent hearing, a judicial review of the Garrett County Board of Commissioners decision to amend text in the Deep Creek Watershed Zoning Ordinance was dismissed.

St. Moritz Properties LLC, Bill’s Marine Service Inc. and Silver Tree Marine LLC are suing the defendants of the Garrett County Board of Zoning Appeals, the commissioners, Lakeside Commercial Properties LLC and William Meagher, owner of the Lakeside Creamery. The declaratory judgment will terminate the controversy between the businesses, according to the complaint document for declaratory judgment.

Each of the businesses owns and operates a marina in accordance with the ordinance, which requires a minimum lot of two acres for both a marina and a boat launch, according to the document. The minimum land area requirements in the ordinance are 10,000 square feet, but Meagher’s property is only 9,204 square feet, according to the document.

St. Moritz Properties LLC, Bill’s Marine Service Inc. and Silver Tree Marine LLC have also filed an interpretive appeal in opposition of the Board of Zoning Appeals’ decision in June to grant Meagher’s request for a boat rental permit.

The appeal states that, “the granting of the permit affects spot zoning and thereby denies equal protection and due process to other owners of property in the neighborhood.” The appeal also states that “granting of the permit will result in damage to the fair-market value of the other properties in the neighborhood.”

During the December hearing, the motion to dismiss the judicial review was based on the fact that the text amendment was not considered spot zoning, applying to just one small area of land. It was instead determined to be comprehensive zoning, applying to all land.

“The change in the text ordinance applies to every parcel at the lake, not just one parcel,” County Attorney Gorman Getty III said during the December hearing. “This is not spot zoning.”

Meagher planned to offer 12 personal water crafts and four pontoon boats as rentals as well as offer guided tours. He would use local marinas for services.

“We didn’t want to do sales. We didn’t want to do repairs. We didn’t want to do a lot of the things that the marina does,” said Mea-gher during the public hearing. “The only thing we wanted to do was a boat rental business.”

Contact Elaine Blaisdell at eblaisdell@times-news.com.

Judge dismisses Garrett marina complaint

Elaine Blaisdell Cumberland Times-News

OAKLAND — An attempt to have a Garrett County marina decision overturned was dismissed Monday by Circuit Court Judge Jim Sherbin.

Sherbin granted a request by County Attorney Gorman Getty III to dismiss the action. St. Moitz Properties LLC, Bill’s Marine Service Inc. and Silver Tree Marine LLC had sought a judicial review of the county’s decision to amend text in the Deep Creek Watershed Zoning Ordinance.

The ammendment to the zoning ordinance allows Bill Meagher, owner of the Lakeside Creamery, to create a mini-marina for boat rentals, according to attorney Greg Skidmore of  Skidmore, Alderson and Duncan of Oakland, who represented the marinas.

The decision whether or not to grant the motion to dismiss came down to whether or not the text amendment was considered spot zoning, applying to just one small area of land  or comprehensive zoning, applying all land.

Both Sherbin and Getty agreed that the amendment pertained to comprehensive zoning.

“The change in the text ordinance applies to every parcel at the lake, not just one parcel,” said Getty. “This is not spot zoning.”

The commissioners followed the correct procedures in making the text amendment to the ordinance, by providing a study, holding a public hearing, soliciting public comment and by obtaining a recommendation from the planning commission, according to Sherbin.

“It would be different if the commissioners made this decision during a private meeting,” said Sherbin.

Skidmore argued that the amendment to the ordinance pertained to spot zoning and in particular Meagher’s property.

Meagher petitioned the Deep Creek Watershed Board of Zoning Appeals for a variance to the ordinance and then, about a month later, before a conclusion could be reached, withdrew his petition, according to Skidmore.

Meagher then took his request to the commissioners and a public hearing was held and the public comment period was extended.

During a June 5 meeting, upon the suggestion of the planning commission, county commissioners approved the text amendment to the ordinance to add a new category for boat rentals as a separate service that would not offer any of the other services associated with a marina.

Commissioners Gregan Crawford and Robert Gatto voted in favor of the amendment, with chairman Jim Raley opposing it.

During a May public hearing, Raley said he had concerns about Meagher’s decision not to offer services on-site.

Sherbin also granted Skidmore’s request to consolidate two separate appeals pertaining to the mini-marina.

St. Moritz Properties LLC, Bill’s Marine Service Inc. and Silver Tree Marine LLC  have also filed a interpretive appeal in opposition of the zoning administration’s decision in June to grant Meagher’s request for a boat rental permit.

Meagher planned to offer 12 personal water crafts and four pontoon boats as rentals as well as offer guided tours. He would use local marinas for services.

“We didn’t want to do sales. We didn’t want to do repairs. We didn’t want to do a lot of the things that the marina does,” said Meagher during the public hearing. “The only thing we wanted to do was a boat rental business.”

The aforementioned businesses filed the petition because they felt like they have been “specially and adversely affected” by the commissioners’ decision, according to the petition.

Contact Elaine Blaisdell at eblaisdell@times-news.com.