Elkton, — April 10, 2010 – Two Elkton taxpayers seeking to stop the town from waiving major facilities fees for a developer building a senior citizen project on High Street will get their day in court, a Circuit Court judge ruled today. That decision came about after two attorneys for the municipality, arguing that the case did not have merit, filed a motion to have the suit dismissed. Judge J. Owen Wise ruled that the question of whether the town exceeded its authority in putting aside $150,000 in charges in connection with a Cecil Bank owned building on Collins Street and allowed those credits to be transferred to another corporation building a project on High Street, could move forward in the court.
In other elements of the suit, the judge ruled that those arguments should be addressed within the framework of mechanisms provided in town ordinances. Thus on the question of the approval of a satellite parking lot in an area where that use is not allowed, the town conceded in court that zoning does not permit that use. The judge said this matter should be addressed by the Appeals Board, at the appropriate time. On the argument that there was a conflict of interest by a commissioner, the judge ruled that the question should be addressed to the ethics commission.
This matter started in February following a controversial decisions by the Mayor and Commissioners. As a result Bob Litzenberg and Jimmy Nicholson asked the Circuit Court to issue an injunction. That vote put aside $150,0000 in charges in connection with a Cecil Bank owned building at 110 Collins Street and allowed 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 credit transfer.