Legal Question in Real Estate Law in Maryland
Filing a case against town government
Can/how do residents of a town file a suit to stop the town government from installing basketball courts on public property? I live in a small municipality (5600 residents). The town has several parks and open spaces. In the past year 2 parks were designated by the Town to have recreational facilities installed. One park is less than 3 acres the other less than 2 acres. Both parks are unique in that all of home around the parks face the park. These homeowners do not want what is now to be single hoop basketball courts built on the parks. They fear a loss in property value, vandalism, loss of aesthetic value, and increased noise to otherwise peaceful streets and space that can be used for multipurpose events. For either park the installation of a hoop and asphalt would severely limit any other recreational ''free play'' use of the park. The residents want to take legal action to stop the town from moving forward with their plan to redesign the parks; to leave the space open and to be enjoyed by everyone without defining the park with a sports structure and reduce the quality of life for those that would have to live with basketball 24/7 while those that may use it from other streets and communities can come and go as they please.
2 Answers from Attorneys
Re: Filing a case against town government
If the town's officials who are legally authorized to make decisions of this nature followed the town charter and all appropriate rules in making this decision, it's highly unlikely that a court will overturn the decision. You should retain an attorney who is experienced in municipal matters to see if all the "rules" were complied with. If it turns out that the decision was made improperly (for example, was some prior notice or a public hearing required before the decision could be made, or was the proposal required to be published for a certain period of time to allow citizen input?), then you may have grounds to challenge the decision.
Re: Filing a case against town government
Your issue brings considerable complexity. Zoning and contractual issues, devaluation and taxation, privacy and form of community association, and local enforcement and revitalization. It is difficult to say which or any of these is to be pursued. Should you have several community members who are disputing the matter then it may even more difficult. Legal representation may be advantageous. Contact an attorney today.
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