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Special Call Community Meeting
Tuesday, June 2, 2009, 7 - 8:45 p.m.
Anne Arundel County Public Library
Eastport-Annapolis Neck Branch, 269 Hillsmere Drive

The purpose of the meeting is to discuss a lawsuit against OHCA, Anne Arundel County, and the State of Maryland concerning the development of Creek Drive.

Ten members of the Oyster Harbor Community have filed a lawsuit against Anne Arundel County (AACo), the Maryland Department of the Environment (MDE), and the Oyster Harbor Citizens Association (OHCA). The Complaint was filed in January 2009 and was served on OHCA in early May.OHCA's Board has asked its counsel, Kurt Karsten, Esquire, to serve as the community's attorney in this matter and to defend OHCA's interests. According to a Circuit Court scheduling order, the lawsuit must be completed by July 5, 2010; OHCA's initial written response will be filed on or before Friday, June 5.

The lawsuit is entitled a "Complaint for Injunction and Mandamus and Certiorari and Declaratory Relief and Damages" and in the lawsuit, the Plaintiffs make several different requests. They allege inaction by the County and State -- and inappropriate actions by OHCA -- on a variance request filed by Daniel Butler with AACo and MDE to develop a portion of the platted paper road on Creek Drive. To date, the Oyster Harbor Citizens Association has not taken a position on the merits of paving this portion of Creek Drive (which traverses non-tidal wetlands) and OHCA's Board of Directors has neither voted for nor against the variance application. Despite OHCA's neutral position on the Creek Drive variance application, the lawsuit alleges that "notwithstanding Plaintiffs clear and lawful rights to pursue their variance applications, Oyster Harbor CA has appeared at hearings and opposed relief necessary for Plaintiffs to use and enjoy and improve their Lots and Creek Drive. Oyster Harbor has also refused to join in the Variance Application as property owner." The lawsuit then seeks to force OHCA to support the variance application and AACo and MDE to approve the variance through injunctive and declaratory relief or -- failing the grant of that declaratory and injunctive relief -- it asks for $1,810,870 in monetary damages, plus costs and attorneys fees.

Please come to this community meeting to learn more about the lawsuit and to discuss its background and implications.

This is only an informational meeting -- not a business meeting -- and motions will not be considered nor voted upon.