Maryland Supreme Court blocks voter referendum on Frederick County data center zoning

The Maryland Supreme Court has blocked Frederick County residents from initiating a voter referendum on a controversial 2,600-acre data center zoning map. In a Tuesday ruling, the state's highest judicial body upheld a lower court's decision, effectively preventing the referendum from appearing on the November general election ballot and barring citizens from challenging local zoning ordinances via public vote.

The dispute centers on the Frederick County Council's December approval of a substantial data center zone located north of Adamstown. The Frederick County Data Center Referendum Committee (DCRC) launched a petition drive, collecting over 20,000 signatures to place the zoning map on the ballot. However, data center companies and local property owners filed five separate lawsuits challenging the petition. A Frederick County Circuit Court judge subsequently ruled that the zoning ordinance was not subject to referendum under the county charter and that the ballot question was legally deficient, findings affirmed by the Supreme Court. Justice Joseph Getty expressed concerns about the limited public input in such crucial local government decisions.

Initially, the Frederick County Planning Commission had suggested limiting the data center zone to about 1,600 acres, a size aligned with the existing Quantum Frederick campus. However, after months of hearings, the County Council approved a larger 2,600-acre map, which sparked countywide opposition. Planning Commissioner Sam Tressler highlighted that Frederick County does not tax the business personal property within data centers, which he believes significantly limits potential tax revenue, further fueling discontent with the expanded zone.