Scrimgeour v. Fox Harbor, LLC, 410 Md. 230

Summary

The Maryland Court of Appeals addressed a zoning dispute concerning a proposed 42,835-square-foot equine structure in Talbot County. Because the county amended its zoning code while the litigation was pending, the court declined to decide the substantive zoning issue, vacated the circuit court judgment, and remanded for the Board of Appeals to consider the amended code.

Holdings

1. A substantive change in relevant statutory or zoning law enacted during the course of litigation in a land-use or zoning matter generally must be applied retrospectively.
2. The case must be remanded to the Talbot County Board of Appeals to determine the effect of the amended zoning code on the permit dispute.

Questions Presented

1. Whether the circuit court erred by affirming the Talbot County Board of Appeals' determination that the proposed equestrian structure qualified as an accessory agricultural or accessory residential use under the former zoning code.
2. Whether the amended Talbot County zoning code, enacted while the litigation was pending, had to be applied retrospectively and, if so, whether the case should be remanded to the Board of Appeals for an initial determination under the new code.

Disposition

vacated