Maryland's highest court is jumping straight into Frederick County's bare-knuckle fight over hyperscale data centers, fast-tracking a showdown that will decide whether voters get a direct say this fall.
The Maryland Supreme Court on Monday agreed to hear a direct appeal over a proposed Frederick County ballot referendum that would limit the expansion of hyperscale data centers. The hearing is set for 10 a.m. next Tuesday (June 30), landing just ahead of the state's deadline to lock in language for the November ballot.
Maryland Supreme Court Takes Up Circuit Court Ruling
As reported by the Maryland Daily Record, the high court agreed to take the case directly after the Frederick County Circuit Court last week blocked the referendum from appearing on the ballot. The justices set oral arguments for 10 a.m. on June 30, with the referendum committee's opening brief due by noon Tuesday and response briefs from opponents required by Friday.
Judge's Ruling Focused On Maps And Charter Language
Senior Judge James A. Bonifant, who handled the challenge in circuit court, ruled that the County Council's zoning-map action was not a "law" that could be subjected to referendum under the Frederick County charter. He also found that the petitions did not include a full and legible reproduction of the ordinance.
According to WYPR, Bonifant took issue with the black-and-white versions of the county's zoning maps attached to the petitions, saying the loss of the color-coded legend left signers unable to tell which parcels were affected.
How The Referendum Reached The High Court
The referendum effort grew out of the Frederick County Council's January decision to approve a roughly 2,600-acre Critical Digital Infrastructure overlay zone north of Adamstown. Opponents quickly mobilized, arguing the map should be put directly to voters.
FOX 5 DC reports that the Frederick County Data Center Referendum Committee submitted about 22,169 signatures, clearing the required threshold of roughly 7% of county voters. That haul prompted multiple lawsuits by developers and some landowners, who challenged the petition's compliance with legal requirements.
Why Residents Pushed Back
Organizers of the referendum have argued that large-scale data center expansion would raise utility costs, damage the environment, strain local water supplies, and require new transmission lines. Those are the kinds of impacts, they say, that deserve a countywide vote.
County documents show the overlay zone was adopted to concentrate growth around the existing Quantum Frederick campus. Critics counter that the final map pushed beyond what the planning commission recommended. The detailed plan and ordinance materials are posted by Frederick County.
The petition drive ultimately turned in more than 21,000 signatures, according to the Maryland Daily Record.
Legal Stakes And Next Steps
The case will clarify how Frederick County's charter referendum rules apply to zoning and mapping decisions, and how exacting the "paperwork" standards are for citizen petitions.
Under the Frederick County Charter, referendum petitions must contain "the full and accurate text" of the law, or the portion of the law, that is being challenged. Bonifant relied on that provision in striking down the petition.
If the Maryland Supreme Court reverses the lower court, the referendum could be restored to the November ballot. If the justices uphold the ruling, opponents of the overlay might have to pursue a charter amendment or other legal routes if they want voters to have a direct say on similar zoning decisions in the future.
