Jerry Smith, et al. v. County Commissioners of Kent County, Maryland, et al.

Summary

The Maryland Court of Appeals held that the Kent County Commissioners' approval of a growth-allocation request under the Chesapeake and Atlantic Coastal Bays Critical Area Protection Program was not a final, appealable action because approval by the State Critical Area Commission remained pending. The court concluded that the petitioners' judicial-review action from the County's approval was premature and should have been dismissed. The court also discussed the limited statutory basis for judicial review and the effect of the subsequent State Commission proceedings.

Holdings

1. The County Commissioners' approval was not a final administrative action because the State Critical Area Commission's required review could modify, reject, delay, or prevent the local approval from becoming effective.
2. Petitioners had no immediate right to judicial review of the County's nonfinal approval. Any facial right to judicial review under the Kent County Policy could arise, at most, after the final State Commission approval.
3. The Court of Special Appeals correctly dismissed Petitioners' appeal as premature, but it should have vacated the Circuit Court's judgment on the merits and directed the Circuit Court to dismiss the judicial-review action.

Questions Presented

1. Whether the County Commissioners' approval of a growth-allocation request was a final, appealable administrative action when State Critical Area Commission approval was required before the local approval could become effective.
2. Whether Petitioners had an immediate right to judicial review of the County's conditional approval.
3. Whether the Court of Appeals should dismiss the judicial-review proceeding or retain the case while the State administrative process proceeded.

Disposition

vacated