Photo Courtesy The Chesapeake Bay Foundation | www.cbf.org
By Valerie DiMarzio | CBF
Court agrees Queen Anne’s County Commissioners’ approval of Chesterhaven Beach development plan is against state law
Queen Anne's County, MD - In a win for clean water and habitat, on Friday, Dec. 5 the Queen Anne’s County Circuit Court decisively ruled in favor of environmental organizations over a long-standing dispute involving the Chesterhaven Beach development proposal on Kent Island. The property, which had been proposed for the development of dozens of new houses, includes an ecologically significant mix of forests, wetlands, and fields overlooking the Chester River that feeds into the Chesapeake Bay.
The development proposal, which has been a source of litigation for over 30 years, would have circumvented environmental laws and allowed dwellings to be built on a vulnerable 101-acre waterfront ecosystem. The property owner claimed that he had “grandfathered” rights to build 186 residential units, despite laws that limit residential density in this sensitive area to just one unit per 20 acres. The developer’s argument was rejected by the courts in 1992, but it became just the start of numerous unsuccessful legal challenges.
Last week, the Queen Anne’s County Circuit Court once again ruled in favor of environmental protection and clean water after a group of environmental partners challenged the latest Chesterhaven Beach development attempt in July 2024.
“Time and again, this developer has wasted everyone’s time trying to convince someone – anyone – that he somehow has grandfathered lots that do not exist,” said Queen Anne’s Conservation Association Executive Director Jay Falstad. “And time and again, the Courts have ruled against him. With this latest decision, hopefully the matter is now settled.”
The developer wanted to build 90 homes on the 101-acre waterfront property, which is almost entirely within Maryland’s Critical Area where state law limits development near tidal water. Perhaps most concerning, the proposal was approved by the Queen Anne’s County Commissioners, who claimed the property qualified as a “growth area” despite the state’s Critical Area laws.
The decision drew an immediate challenge from the Queen Anne’s Conservation Association, Chesapeake Bay Foundation, Chesapeake Wildlife Heritage, and several adjacent neighbors, who raised six individual claims for summary judgment against the proposal. Maryland’s Critical Area Commission (CAC) also raised red flags with the proposal, including the development’s size, and that no application or notice had been provided to the CAC, in accordance with state law. CAC intervened in the case on Jan. 29, 2025.
After hearing the case, the Court found all six of the plaintiff’s arguments persuasive, including the failure of Commissioners and Chesterhaven Beach to give the CAC the required notice of the comprehensive rezoning that the project needed to move forward. The Court also agreed that Commissioners illegally adopted the rezoning request two years after the adoption of the County’s Comprehensive Plan, where such designations are required to be identified. The summary judgment in favor of the plaintiffs underscores the legal finding that intense development is not permitted on this property.
“This proposal completely disregarded the health of the Chesapeake Bay and was simply against the law,” said Chesapeake Bay Foundation Advocacy Director Alan Girard. “We are pleased and encouraged that the Queen Anne’s County Circuit Court ruled against this dangerous, illegal development plan and upheld Maryland’s commitment to protect our land and water.”
Maryland’s Critical Area law protects land within 1,000 feet of high tide or tidal wetlands to minimize the harm of new development on Bay water quality, habitat, and wildlife.
The Chesterhaven Beach property includes 1.6 miles of vulnerable and ecologically important shoreline on the Chester River and Piney Creek. The property’s mix of forests, marshes, and wetlands supports wildlife, naturally filters polluted stormwater runoff, and is vital to Maryland’s resilience against flooding and climate change.
“In the end, this landowner should do what every other landowner is required to do in Queen Anne’s County: follow the Comprehensive Plan, follow the law, and follow the process of the Critical Area Commission,” Falstad said.
QACA was represented by its longtime attorney Jesse Hammock and Parker|Counts of Easton, Maryland.
