Friday, September 30, 2016

Maryvale ES + City of Rockville + Storage Facility: [City] Council members who voted in favor of the [Zoning] Text Amendment primarily cited an interest in protecting public safety, specifically as it related to children.


This case comes to this Court as an appeal by Siena Corporation (“Siena”), a Maryland corporation, and Rockville North Land, LLLP, a Maryland limited liability limited partnership, appellants, regarding the adoption of Zoning Text Amendment TXT2015-00239 (“Text Amendment”) by the Mayor and Council of Rockville (“the City”), appellee. On February 26, 2015, Siena filed a complaint (“Complaint”) in the Circuit Court for Montgomery County alleging that the purpose of adopting Zoning Text Amendment TXT2015-00239 was to prevent the construction of a proposed self-storage facility. On the same day, Siena filed a petition for judicial review (“Petition”).
During the Petition proceeding on May 5, 2015, the City filed the “Administrative Agency Record.” Siena responded by filing a notice of failure to file complete record and a motion to compel filing of the record, production of the record, and to compel discovery. Also on May 5, 2015, the City filed a motion to dismiss Siena’s Petition. On May 12, 2015, Siena filed a motion to consolidate the Complaint and the Petition. On August 19, 2015, the City’s motion to dismiss was granted because the circuit court found that the Text Amendment was a legislative action rather than a quasi-judicial decision, and therefore, not properly before the court. The motion to consolidate was subsequently denied as moot. Siena appealed on September 17, 2015...

...For the reasons stated below, we affirm the judgment of the circuit court...

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