Montgomery County will appeal a decision handed down by a circuit court judge that could revise the procedures the county uses to zone land.
The decision to be appealed is one handed down two weeks ago by Judge Stanley B. Frosh in overturning a 1978 decision by the Montgomery County planning board and county council.
The 1978 decision rezoned for rural use 69 acres of land originally zoned for light industry. In his ruling, Frosh said that the revisions "evolved without any analysis or recommendation from the board's technical staff and thus . . . came solely in response to public opinion."
In making zoning decisions, the county normally draws up a regional master plan and then fine-tunes the zoning on specific parcels through amendments.
In the case of the 69 acres owned by developer Frederick Horman, the council reviewed the light industrial zoning on several occasions and reduced the number of acres zoned for light industrial use to maintain a rural character in keeping with the master plan for the area.
The county does not go through the same elaborate study of a specific parcel of land that it does when it prepares a master plan. But county attorneys say the implication of Frosh's decision is that the review process for single parcels should be just as extensive as it is for master plans.
The property, part of an 89-acre parcel which borders the B & O Railroad tracts near Boyds in upper Montgomery County, has been zoned for light industrial use since 1958.