Miller v. City of Annapolis Historic Preservation Commission
28 A.3d 147
Md. Ct. Spec. App.2011Background
- Miller sought to reconstruct a historic front porch in Annapolis Historic District with wood columns as approved; fiberglass columns were installed during construction without a new certificate of approval.
- The Commission later determined the installed fiberglass deviated from the approved plan and denied an after-the-fact Certificate of Approval.
- The Design Manual and local code govern whether to review in rehabilitation versus new construction contexts and restrict materials to traditional ones where appropriate.
- The Commission relied on strict rehabilitation standards; fiberglass was treated as not acceptable under its guidelines, which favor traditional materials absent exceptions.
- Miller appealed, and the circuit court affirmed the Commission’s decision, with the appellate court upholding substantial-evidence and legal-standards review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether rehabilitation vs. new construction standard applied correctly | Miller contends reconstruction is new construction subject to lenient review | Commission argues porch as reconstruction subject to strict rehabilitation standards | Porch deemed not new construction; strict rehabilitation standard applied |
| Whether the Commission exceeded authority by banning fiberglass | Guideline D.28 bans fiberglass; authority limited to compatibility | Guidelines discourage but do not mandate; no outright ban | No authority exceeded; guidelines permit but discourage fiberglass; decision sustained |
Key Cases Cited
- Seminary Galleria, LLC v. Dulaney Valley Improvement Ass'n, 192 Md.App. 719 (Md. 2010) (deference to agency in statutory interpretation; standard of review)
- Greater Baden-Aquasco Citizens Ass'n v. Maryland-National Capital Park & Planning Comm'n, 412 Md. 73 (Md. 2009) (deference to agency expertise; substantial evidence standard)
- Maryland National Capital Park & Planning Comm'n v. Greater Baden-Aquasco Citizens' Ass'n, 412 Md. 73 (Md. 2009) (substantial evidence and deferential review principles)