Annapolis, MD (JK) – The Supreme Court of Maryland has upheld a Circuit Court ruling that prevents a referendum on Frederick County’s expanded data center zoning ordinance from appearing on the November general election ballot.
In an order issued Tuesday, the state’s highest court affirmed the June 21 decision by the Circuit Court for Frederick County, which sided with developers and property owners who challenged the referendum effort.
The appeal had been filed by the Frederick County Data Center Referendum Committee after the circuit court ruled that Frederick County Council Ordinance 26-01-001 is not subject to referendum under the Frederick County Charter.
The Supreme Court also upheld the lower court’s finding that the referendum petition was legally deficient because it failed to include the “full and accurate text of the law” as required by the Frederick County Charter and Maryland Election Law.
The order specifically affirmed the circuit court’s decision to reverse the Frederick County Board of Elections’ certification of the referendum petition, declare the ordinance ineligible for referendum, and invalidate the petition.
The case stemmed from the County Council’s approval of Ordinance 26-01-001, which expanded the data center zoning area near Adamstown. Opponents gathered signatures in an effort to place the measure before voters, but the referendum was challenged in court by several developers and affected property owners.
The Supreme Court issued only its order Tuesday, stating that a full written opinion explaining its reasoning will be filed at a later date. The ruling means the referendum will not appear on the November ballot unless further legal action changes the outcome.
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