The Law Office of Michele Rosenfeld LLC
Your Property Rights Are My Business
Land Use, Zoning, Real Property Law, Eminent Domain



Monrovia Town Center agreement nullified; county ordered to reconsider issue

A judge has ordered Frederick County to reconsider its agreements with the developers of the Monrovia Town Center.

The opinion, filed Tuesday, vacates the agreement between the former Board of County Commissioners and the developers, 75-80 Properties, Payne Investments and Monrovia Town Center PUD, that paved the way for the 1,250-home development. 

Westbard Residents File Suit Against County Council

(September 20, 2016, Bethesda Beat, Douglas Tallman)

 SaveWestbard says the Westbard Sector Plan should be voided claiming:

—the Montgomery County Planning Board failed to assess the plan’s effect on greenhouse gas emissions, as required by county law;

—the council failed to hold a public hearing on the plan; and

—a swap for increased building heights and densities for more affordable housing constitutes illegal contract zoning.

Homeowners  Sue To Recover Full Compensation for Property Taken for Purple Line

(Washington Post, May 9, 2016, Bill Turque)

"Two Silver Spring couples who face losing chunks of their front yards to the Purple Line sued the state of Maryland on Monday, contending that transportation officials shortchanged them on the purchase price offered for the land, needed to build the $5.6 billion light-rail project."  . . .  Michele Rosenfeld, the attorney for the property owners, said “Finding money to build the Purple Line has been a challenge for the MTA, but fleecing my clients is clearly not fair or legal.” 

Judge Remands Monrovia Town Center Rezoning Case To Frederick County Council

Frederick News Post, March 11, 2015 (Bethany Rodgers)

A Circuit Court judge found that a Frederick County Commissioner had ex parte communications during the course of an onging rezoning proceeding and remanded the case to the County Council for further hearings.

"Michele Rosenfeld, an attorney representing the residents who challenged the Town Center, said Smith did engage in unreported ex parte communications.   Smith's actions created an 'extreme circumstance' that would permit the court to require his testimony, she said.  In his written opinion, the judge sided with Rosenfeld."

Successful Circuit Court Reversal of Planning Board Approval of Mega-Church In Rural Olney

See Church's Building Plans Foiled In Olney: Civic associations prevail in lawsuit against Planning Board

Olney Gazette, September 19, 2012

(Montgomery County Planning Board did not appeal Circuit Court decision: Court's Decision Remains Final)

Frederick Judge Blocks Plans for Aspen Hill Global Mission Church:  Ruling Says Church Can't Use Adjoining Lot For Vehicular Access

Circuit Court enforces restrictive covenants that limit use of residential lot to residential uses and prohibit use of residential lot for vehicular access to adjoining institutional use.

Citations for Forest Conservation Easement Violations On The Rise

See Montgomery homeowner learns back yard is a no-mow zone

Washington Post, February 20, 2011

Challenge to City of Gaithersburg Rezoning, Concept Site Plan for Wilson Property


Montgomery Preservation, Inc., et al. v. City of Gaithersburg

Circuit Court invalidates Town of Garrett Park law limiting lot coverage.

In January, 2009, a Circuit Court judge ruled that Garrett Park's "combined setback ordinance overreached the town's legal authority" and was "not enforceable."


John and Elaine Martin v. Town of Garrett Park

Property Review Board Awards Additional Condemnation Fees For Property Taken By State Highway Administration For Intercounty Connector (ICC)

November 3, 2007 Washington Post

Circuit Court Reverses Board of Appeals' denial of variance to Chevy Chase couple (upheld on appeal)

See:  Judge Rules for Chevy Chase Couple in Dispute Over Home Renovation

(Washingon Post, January 26, 2007)

Marc and Marianne Duffy v. Montgomery County Board of Appeals

Circuit Court Reverses Special Exception Denial

In January, 2009 the Montgomery County Circuit Court reversed the Board of Appeals, which had denied a special exception application by a non-profit community swim and tennis club to put a court cover over three tennins courts during the winter months.