Maryland Supreme Court Upholds Decision Blocking Frederick County Data Center Referendum
The Maryland Supreme Court upheld a Circuit Court ruling, blocking a referendum on Frederick County's expanded data center zoning ordinance from the November ballot. This decision sided with developers and property owners, ruling the referendum petition was legally deficient and the ordinance was not subject to public vote. The ruling allows the recently approved data center zoning near Adamstown to stand without a public vote.
The Supreme Court of Maryland has upheld a Circuit Court ruling, effectively blocking a referendum concerning Frederick County’s expanded data center zoning ordinance from appearing on the November general election ballot. This decision affirms a June 21 ruling by the Circuit Court for Frederick County, which sided with unnamed developers and property owners who challenged the referendum efforts.
The Frederick County Data Center Referendum Committee had filed the appeal. The state’s highest court concluded that Frederick County Council Ordinance 26-01-001 is not subject to a referendum under the Frederick County Charter and that the referendum petition itself was legally deficient, failing to include the "full and accurate text of the law" as required by local and state election law. The ruling reverses the Frederick County Board of Elections’ certification of the petition and invalidates it.
The legal challenge stemmed from the Frederick County Council’s approval of Ordinance 26-01-001, which significantly expanded the area zoned for data centers near Adamstown. Opponents had gathered sufficient signatures to place the measure before voters, but their efforts were ultimately defeated by the court’s decision. The Supreme Court issued its order without a full written opinion, which is expected to follow, but the immediate outcome ensures the zoning ordinance remains in effect without a public vote.