Judge refuses to lift Annapolis Roads building restrictions
By ERIC HARTLEY, Staff Writer

A judge rejected a developer's request to lift building restrictions on part of a 70-acre parcel in Annapolis Roads that now includes a golf course.

John Stamato, president of Ribera Development LLC, argued Annapolis Roads' residents' vociferous opposition to putting ballfields on the land violated a 20-year-old agreement and opened the door for housing.

But in an opinion issued Wednesday, Circuit Court Judge Pamela L. North ruled residents still have the right to speak out against any project, despite a 1986 agreement that the land only could be used for recreation, horticulture, conservation or a few other uses.

The ruling keeps the original agreement in effect and blocks any possibility of housing, though it's still unclear what will happen to the land.

Last year, St. Mary's High School backed out of a proposal to build athletic fields on part of the land as Ribera put houses on a neighboring 33-acre parcel.

Residents concerned about traffic and environmental impact had launched a campaign that included letters to the editor, missives to public officials and a Web site urging people to join the fight. Mr. Stamato argued their actions were unfair and breached the 1986 agreement, meaning the deal should be thrown out.

Ribera filed its lawsuit in March 2005.

"Nothing in the declaration or the settlement agreement strips defendant of all its rights, or states that defendant is barred from vocalizing its objections to a planned development," Judge North wrote. "Defendant is entitled to oppose a sale or plan that it believes may harm the Annapolis Roads community. It simply may not do so in a court unless it seeks an injunction. Defendant merely bargained away its right to any property interest in the golf course."

Judge North's ruling followed a trial last month at which Barbara J. Palmer, the attorney for the Annapolis Roads Property Owners Association, said residents didn't sign away their First Amendment rights.

Ms. Palmer said yesterday she was pleased, but not surprised, the judge agreed with her.

"I thought it was just so obvious that what we did was OK," she said. "I was sort of surprised we had to go as far as we did."

Mr. Stamato said he was disappointed, but understood Judge North had to go by the actual wording of the agreement, which said nothing about blocking residents from opposing any building proposal.

"The wording was not clear - it did not say 'shall not oppose,'" he said. "To us, it wasn't the intent of the agreement that the day after it was signed we say, 'Hey, we want to do ballfields,' and they declare war.

"Does agreeing upon the uses mean that you've agreed upon something and you can't oppose it? We felt that was obviously what was intended, but we couldn't go back to (1986) and reproduce those discussions."

Mr. Stamato said the actions of Annapolis Roads residents were "deplorable."

"I think that the way they acted - targeting St. Mary's, targeting the Redemptorist priest and the cardinal - that is not the normal way to oppose development," he said.

His attorneys had also asked Judge North to bar residents from speaking out against future projects, a request she declined.

Ms. Palmer said the residents had simply opposed a development they didn't like in the middle of their neighborhood.

"I don't think that the issue was that the community had a particular dislike for St. Mary's," she said.

Even if Judge North had ruled for Ribera, any new housing on the 70 acres would have had to clear several more hurdles, since the land is now zoned open space.

Mr. Stamato said he doesn't plan to appeal this week's ruling. He said he still believes recreational use is the best thing for the property. Ribera doesn't own the 70 acres, but has had a contract to buy it since 2004, contingent on reaching a deal on what to build there.

"We've always lived within the covenant that's on the property, and we'll continue to do that," Mr. Stamato said.

The dispute has its roots in the early 1970s, when there was a proposal to develop the 70 acres, but some residents claimed their deeds gave them some control of the golf course.

After a 13-year battle, the then-land owner and the residents' association reached the 1986 agreement, in which the residents got a piece of beachfront land and restrictions on another private piece of land.

Published August 11, 2005, The Capital, Annapolis, Md.
Copyright © 2005 The Capital, Annapolis, Md.

                             Residents Save Land From Building

ANNAPOLIS -- Annapolis Roads residents officially took possession yesterday of a 33-acre wooded tract, preserving land once slated for development.

Lake Ogleton Associates sold the Ogleton Woods parcel valued at $4.2 million to the Annapolis Roads Property Owners Association for $2.75 million, with the balance donated by Lake Ogleton Associates.

"With neighborhood commitment, we have proven that communities can determine the future course of development," association President Walter Bigelow said.

BankAnnapolis President and CEO Richard M. Lerner, a partner in Lake Ogleton Associates, praised the deal in a separate statement.

"We are pleased that moderate forces within the community of Annapolis Roads came forward with a reasonable offer for the property, leading to an outcome that satisfied the interests of everyone involved," he said.

The sale ends a controversy that began last fall, when Davidsonville developer John Stamato sought to build 40 homes on the site. As part of the development, St. Mary's Church was to get ballfields on the adjacent Annapolis Golf Glub property.

Residents opposed to the development threatened to stop donating to St. Mary's and pull their money out of BankAnnapolis. Working with the nonprofit Bay Ridge Trust, they also rallied to raise money through private donations and a state loan to buy the site.

St. Mary's pulled out of the deal in March. A month later, Mr. Stamato sued the Annapolis Roads association, claiming it violated a 1987 agreement that allowed Ogleton Woods to be developed.

-- From staff and wire reports

St. Mary’s Backs Out of Proposal to Buy Annapolis Roads Golf Course

 3/9/05

 In a letter today to St. Mary’s parishioners, Father Sweeney announced a decision to end their pursuit of the golf course. Chief reason for the pull out was the ARPOA contract to purchase Ogleton Woods. This made the financial model unworkable for the church and the developers. 

Our unified community has rallied over the last year to defeat this threat to our historic, tranquil and environmentally sensitive neighborhood. It is stunning to see what we as a community are achieving. Congratulations, you are doing it!

 But we are not done yet. It is imperative that everyone in the community attend the April 5 meeting (details on annapolisroads.net site) to vote on the Ogleton purchase to truly seal the deal and take permanent control of our future.  

It is also important that we continue fundraising to meet our objectives laid out by the ARPOA Community Preservation Campaign. We can only finish this campaign successfully with your continued generosity.  

Look for further information in your mailbox or on the annapolisroads.net website for further information on the April 5 vote as well as updates on the campaign. 

Congratulations Annapolis Roads!