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Anne-Herbert Rollins

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A Breath of Fresh Air: Maryland Court Blows Away Denial of Wind Farm Variance

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Baltimore citybizlist
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A breath of fresh air and a second wind was breathed into dreams and potential plans for a large wind farm in Allegany County, Maryland. The Court of Special Appeals of Maryland in Dan’s Mountain Wind Force, LLC, et. al. v. Allegany County Board of Zoning Appeals, __ Md. App. __, __ A.3d __ (2018)(Case No. 804, September Term 2016; filed April 3, 2018), recently held that the Allegany County Board of Zoning Appeals (the “BZA”) did not properly apply the “uniqueness” test or the “practical difficulty” test necessary for an applicant to prove its eligibility to obtain a zoning variance.

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