Land Use and Zoning Litigation

We have significant experience representing clients in land use and zoning disputes in administrative proceedings and in state and federal courts. Our experience in state courts includes matters involving both judicial review of administrative decisions and original litigation of land use issues. In federal court, we are experienced in defending local government entities in complex zoning litigation. In three recent cases, we successfully represented county governments and county officials in actions asserting claims under the U.S. constitution and, in two cases, claims under the federal Religious Land Use and Institutionalized Persons Act (RLUIPA). 
 

• Represented Montgomery County, MD, in defense of a lawsuit in U.S. District Court brought by plaintiffs alleging that their plans to develop 541 acres of land were frustrated when the County took steps to change zoning, impose new restrictions and delay or deny water and sewer service to the property, including claims of violation of constitutional due process and unconstitutional takings. After extensive discovery, the court granted a motion for judgment on the pleadings, a decision subsequently affirmed by the Fourth Circuit. Pulte Home Corporation, et al. v. Montgomery County Maryland, et al., 909 F.3d 685 (4th Cir. 2018)
• Represented Baltimore County, MD, in federal court lawsuits in U.S. District Court raising challenges to county zoning decisions under RLUIPA and the U.S. Constitution. The District Court granted the County’s motion to dismiss for failure to state a claim. Friends of Lubavitch, Inc., et al. v. Baltimore County, Maryland, 421 F.Supp.3d 146 (D. Md. 2019)
• Represented Montgomery County, MD, in defense of a lawsuit in U.S. District Court challenging a County decision to deny a church request to extend a public sewer connection to support construction of a 2,000-seat church. Plaintiffs sued under RLUIPA and the U.S. Constitution. The District Court granted summary judgment in the County’s favor, and the Fourth Circuit affirmed the ruling.  Canaan Christian Church, et al. v. Montgomery County Maryland, et al., 29 F. 4th 182 (4th Cir. 2022)