Monday, November 25, 2013
Maryland appellate court okays Johns Hopkins' development plans for smart growth advocate's farm donated to university
A Maryland appellate court held last week that Johns Hopkins University could develop land donated to it by one of Montgomery County, Maryland's most outspoken smart growth advocates who thought her farm was going to be maintained by the university as a reserve. The case came down to one of contract interpretation rather than land use law per se, but it is a cautionary tale in this age of private land conservation.
The court clearly had a hard time reckoning what the agreement said with what was obviously otherwise the desire of Elizabeth Banks, one of the county's leading smart growth advocates in a county renowned for its smart growth policies. From the case's preamble:
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