After almost six years, the Maryland Court of Appeals shuts down a public interest’s group attempt to block the creation of a dairy farm creamery. The court found that the third party group did not have standing because the easement they sought to enforce did not include them. A long fight for someone who, as it turned out, had no skin in the game.
Here is what happened. Defendants own an organic dairy farm that is located on 199 acres in the Long Green Valley area of Baltimore County. The Maryland Agricultural Land Preservation Foundation (MALPF) is a statutorily created organization that buys easements on farm owner’s lands, making them promise that that they will only use it for farming purposes. Competition to get into the program is fierce, but in 1997, Bellevale sold a MALPF easement to MALPF for $796,500.
In 2007, the defendant proposed to build a 10,000 square foot creamery operation on the land, and received approval from the MALPF because it created and stored milk, cheese, and other dairy products. The terms were compliant with MALPF’s statutory and organizational goals. However, another land preservation organization, the Long Green Valley Association (LGVA), took issue with the creamery, and filed several complaints and emergency hearings with the Deputy Zoning Commissioner for Baltimore County. All of the bureaucratic avenues ultimately declared that the creamery counted as a “farm” and was being created for “farming purposes.” Finally, the LGVA filed a lawsuit in the Circuit Court of Baltimore County.