WSG Holdings, LLC v. Bowie

Petitioner, an LLC, sought an exception from the Charles County Zoning Regulation to build an office building, gun range, and driving track on a parcel of land in a rural community in the County. The property was subject to zoning restrictions prohibiting such activity except as authorized through a special exception. In deciding Petitioner’s application, the Board conducted one trip to the property in question. The Board allowed representatives from the LLC as well as two citizens to attend but prohibited any other members of the public from attending and kept no transcript or other record of that which transpired. The Board then granted Petitioner’s application. Various individuals filed a petition for judicial review. The circuit court affirmed. The court of special appeals reversed, holding that the Board improperly conducted the visit to the property in a manner that was closed to the public. The Supreme Court affirmed, holding (1) the site visit constituted a “meeting”, which was required to be open to the public; and (2) because the Board violated the open meeting provisions of the Maryland Code, the Charles County Code, and its own Rules of Procedure, the matter should be remanded for a new hearing.

WSG Holdings, LLC v. Bowie