Kenwood Gardens Condos., Inc. v. Whalen Props., LLCAnnotate this Case
Baltimore County zoning regulations provide for a planned unit development (PUD) approval process that is partly legislative and partly quasi-judicial or adjudicative. Whalen Properties, LLC, the developer of a proposed PUD, submitted a PUD application to First District Councilman Thomas Quirk of Baltimore County. Thereafter, Stephen Whalen, the owner and principal of Whalen Properties, distributed $8,500 of the company’s money to several individuals with instructions that they deposit the sums into their own accounts and to donate those amounts to Councilman Quirk’s campaign committee. An adjacent landowner challenged the subsequent approval of the PUD, alleging that the appearance of impropriety generated by the donations invalidated the approval process. The circuit court and Court of Special Appeals affirmed the decision. The Court of Appeals affirmed, holding (1) because the introduction and passage of a resolution is a legislative action, the legislative intent is subject to limited judicial review; and (2) an alleged appearance of impropriety generated by illegal campaign contributions does not negate the presumption of validity of the legislative act.