Anne Arundel County v. 808 Bestgate Realty, LLC
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The Court of Appeals affirmed in part and reversed in part the decision of the court of special appeals denying a motion for reconsideration of the circuit court's judgment reversing the decision of the County Board of Appeals of Anne Arundel County denying 808 Bestgate Realty, LLC's request for transportation impact fee credits, holding that remand was required.
The transportation impact fee credits Bestgate sought was in connection with road improvements it made to a county road as part of a redevelopment project. The County's engineer administrator determined that the improvements provided transportation capacity that met the requirements of the County's standards applicable to roads, but the Board denied Bestgate's request for transportation impact fee credits. The circuit court reversed. The Court of Appeals reversed, holding (1) under the plain language of Md. Code Ann. 17-11-207(c), Bestgate was entitled to receive the requested transportation impact fee credits; and (2) the Board erred in its interpretation of the Code.
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