Judge Rules In Lawsuit Against County In Abingdon Woods Project

HARFORD COUNTY, MD — The nonprofit Chesapeake Bay Foundation has emerged victorious in its lawsuit against Harford County regarding the Abingdon Woods development project.

Harford County Circuit Court Judge Diane Adkins-Tobin ruled that the county and the project developer, BTC II I-95 Logistics Center LLC and Harford Investors LLP, didn’t provide a basis for waiving requirements of the state’s Forest Conservation Act to remove 49 trees from the project site. The county department of planning and zoning now must provide justification for removing “specimen” — or large mature — trees, The Aegis reported.

The Chesapeake Bay Foundation, which initiated the lawsuit on behalf of residents of Abingdon Woods, pointed out in a press release that state law requires developers to preserve the mature trees unless they prevent property owners from having rights “commonly enjoyed by others.” The judge ruled that Harford County did not provide a factual basis as to how the developer’s property rights were infringed upon by the tree requirement.

“This is a major victory for citizens to ensure that the Forest Conservation Act in Maryland can be used to protect forested land from unceasing encroachment by developers,” Paul Smail, Chesapeake Bay Foundation’s director of litigation, said in a news release. “The judge’s ruling sends a message to counties and developers that there must be a clear factual basis for granting waivers from the state’s requirements to protect forested land.”

Read more at The Aegis