Protective Land-Use Bill Decried
School Would Be Barred From Building on Its Land

By Daniel de Vise
Washington Post Staff Writer
Thursday, February 23, 2006

A bill approved this month by the County Council to protect picturesque back roads is likely to block a parochial school's plans to build a new campus on a 57-acre plot in rural Lothian.

The Arundel Bay Christian Academy operates on leased property near the site and has been trying for several years to build a campus on land it owns at Pindell and Wrighton roads. Some neighbors have fought the proposal, voicing concerns about increased traffic and other strains on South County infrastructure.

No such project would be allowed on either Pindell or Wrighton under a new ordinance, approved Feb. 6 by the County Council. The law bars schools, country clubs, renaissance festivals, heliports and other large-scale operations from about two dozen roads designated as "scenic or historic."

The religious school has been in the planning phase since at least 2002 but would not qualify for an exemption under the bill, which makes no exception for preexisting projects. The proposed school would have to be well underway, with visible evidence of construction, to be allowed to continue, said Pam Jordan, spokeswoman for the county land-use office.

Edward R. Reilly (R-Crofton), chairman of the council, said he introduced the bill as a way to protect the rural qualities of his district, which includes Crofton, Davidsonville and South County. Janet S. Owens (D), the county executive, owns a farm on Pindell Road and was a co-sponsor of the bill, although only council members are allowed to vote on legislation.

"The fact is that in 98 percent of South County, someone could buy a large enough patch of land and apply to the county for a special exception [to the law] to put in a heliport," Reilly said. "But that kind of activity would be inappropriate for narrow roads with no shoulders, steep embankments," limited visibility and other back-road qualities.

Michael Leahy, attorney for the proposed school, has said he believes the county's goal is to halt construction of the school, noting that only a fraction of all the picturesque and historic roads in the county are covered by the bill. Leahy said that under the federal Religious Land Use and Institutionalized Persons Act of 2000, government may not impose a land-use regulation in a manner that imposes a substantial burden on the exercise of religion, unless the government demonstrates that the imposition furthers a compelling interest and is the least restrictive means of serving that interest.

"We've been in the process since 2002, with the county and the citizens in Lothian throwing up the roadblocks wherever possible," Leahy said. "Although I don't doubt the sincerity of Mr. Reilly's intent, there are considerably less invasive ways to protect rural roads than to prevent church schools." He said the school will appeal.

Reilly said it was not his intention to single out the proposed school, but rather that the ordinance is "a natural progression" of an issue that has been under discussion since 1990. The proposal covers a limited number of roads, he said, because of the amount of time needed by county planning and zoning officials to evaluate them. Attempting to include every scenic or historic road in the county would have entailed "another year or two" of work, he said.

According to its Web site, Arundel Bay Christian Academy serves about 175 students in preschool through the eighth grade. It is affiliated with Riverdale Baptist Church in Upper Marlboro.