Smith v. Kent County
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At issue on review by the Supreme Court is whether people aggrieved by the Board of County Commissioners of Kent County can appeal the Commissioners' decision to an appellate court. The Commissioners approved a request that effectively amended the County's local Critical Area Plan under the Chesapeake and Atlantic Coastal Bays Critical Area Protection Program. Petitioner Jerry Smith and several Kent County Residents challenged the Court of Special Appeals's decision to dismiss their challenge to the Commissioners' ruling that granted increased development of a particular parcel of property within the County. A procedural problem arose from a proclamation that said the County's decision is not effective until it's approved by the State Critical Area Commission. While consideration of the initial development request was pending before the Critical Area Commission, Petitioners sought judicial review in the circuit court of the County Commissioners' initial approval of the development. The court affirmed the County's approval for the development; Petitioners filed an appeal to the Court of Special Appeals. The appellate court dismissed the matter as premature. On review of the enabling statutes creating the Critical Area Protection program and the records of proceedings, the Supreme Court held that the County's approval of the development was not a final action, "considering that the [Critical Area] Commission's required decision may modify, reject, delay or even preclude the local approval from becoming effective. As a non-final order … no immediate right existed to have judicial review take place." The Court affirmed the lower court's decision in dismissing Petitioner's case.
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