Another Legal Proceeding Filed Against the Mayor & Commissioners of Elkton

Two Elkton taxpayers have asked the Circuit Court to issue an injunction stopping the Mayor and Commissioner from waving major facilities fees for a developer.  The board approved a decision on Dec. 16 to put aside $150,0000 in charges  in connection with a Cecil Bank owned building at 110 Collins Street and allow those credits to be transferred to the Ingerman Group, a developer building a senior citizen project at 142-149 E. High Street.   In a controversial session that afterwards caused Mayor Fisona to remark “the meeting went off course” the board voted four to one to approve the bank’s request.  Commissioner Storke opposed the action, while the other four elected officials voted in favor of the the credit transfer.

Filed by Bob Litzenberg and Jimmy Nicholson, the legal plea asks the court to issue an injunction voiding the transfer of $150,000 from one property owner to another because the board doesn’t have the authority do that and because there is a conflict of interest in nullifying the charges.  It also asks the court to stop construction of a parking lot the Ingerman Group said it will build on Collins Street site because that is a violation of the zoning ordinance and stop the town from approving any plans or permits for the Ingerman Group in violation of the ordinance or charter.

Editor’s Note:  As the only media outlet (new or legacy) regularly covering the Mayor and Commissioners of Elkton, we’re continuing to work on this breaking story and will have more information soon.  In addition, the Mayor and Commissioners are in session this evening so it might come up there.  In the past few years, the town has been involved in an unusually large number of legal proceedings.  In those the board has entered into out-of-court settlements causing Commissioner Storke  to remark after the last suit, “isn’t it about time we won one.”

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3 responses to “Another Legal Proceeding Filed Against the Mayor & Commissioners of Elkton

  1. I’m not sure I understand the transaction described above. If the town owes $150k to Cecil Bank and instead credits it to the account of Ingerman Group, it is essentially laundering taxable income for Ingerman Group. Can someone clear up this confusion for me? Thanks.

  2. Bob it’ll be interesting to watch the lawyers work sort through this unusual, hastily made decision The administration told the politicans that this was a precedent setting practice. But on this property that had been returned to the bank’s inventory they agreed to waive $150,000 in utility hook up fees and allow the bank to transfer that cash allocation to a developer of another project. That project on which the utility fee is going to be waived is going to be turned into a parking lot. The hook-up fees are designed to fund expansion of the water and sewer systems so when those fees are waived someone is going to have to make up the loss to the fund. Of course the next meeting, there was news that they’re going to have to raise rate 60%!

    We’re working on a detailed news report and have filed a few Freedom of Information Act requests to get some details. We’ve found that to be a rather productive citizen journalism tool. One of the docs we wanted with this new blight reduction policy the town used to justify allowing the parties to transfer the fees. When filed a FOIA we were told today that it is still in the conceptual phase. We said we were OK with a draft since typos won’t bother. Nothing is available, we’ve been told.

  3. Pingback: Elkton Announcement: Commissioners to Meet Wednesday; Items Being Discussed Not Revealed « Someone Noticed

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