2019年7月16日星期二

Fwd: Latest Case: Washington County v. Perennial Solar, LLC (Government & Administrative Law)


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Justia Daily Opinion Summaries

Maryland Court of Appeals
July 16, 2019

Table of Contents

Washington County v. Perennial Solar, LLC

Government & Administrative Law, Real Estate & Property Law, Zoning, Planning & Land Use

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Maryland Court of Appeals Opinions

Washington County v. Perennial Solar, LLC

Docket: 66/18

Opinion Date: July 15, 2019

Judge: Booth

Areas of Law: Government & Administrative Law, Real Estate & Property Law, Zoning, Planning & Land Use

The Court of Appeals affirmed the judgment of the court of special appeals affirming the judgment of the circuit court determining that state law preempted a local zoning authority with respect to solar energy generating systems (SEGS) that require a certificate of public convenience and necessity (CPCN) issued by the Maryland Public Service Commission and that the Commission had exclusive jurisdiction to approve the type of SEGS proposed by Perennial Solar, LLC in this case. Perennial applied to the Washington County Board of Zoning Appeals (Board) for a special exception and variance to construct a SEGS. The Board granted the variance and special exception. Aggrieved landowners sought judicial review, and Washington County intervened. While the petition for judicial review was pending, Perennial moved for pre-appeal determination challenging the subject matter jurisdiction of the circuit court. The circuit court granted the motion, determining that Md. Code Ann. Pub. Util. (PU) 7-207 preempted the Washington County zoning ordinance. The court of special appeals affirmed. The Court of Appeals affirmed, holding that PU 7-207 preempts by implication local zoning authority approval for the siting and location of generating stations that require a CPCN.

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2019年7月6日星期六

Funeral Blue - by W.H. Auden

Stop all the clocks - W. H. Auden Stop all the clocks, cut off the telephone, Prevent the dog from barking with a juicy bone, Silence the pianos and with muffled drum Bring out the coffin, let the mourners come. Let aeroplanes circle moaning overhead Scribbling on the sky the message He Is Dead, Put crepe bows round the white necks of the public doves, Let the traffic policemen wear black cotton gloves. He was my North, my South, my East and West, My working week and my Sunday rest, My noon, my midnight, my talk, my song; I thought that love would last for ever: I was wrong. The stars are not wanted now: put out every one; Pack up the moon and dismantle the sun; Pour away the ocean and sweep up the wood. For nothing now can ever come to any good.