It could be back to the beginning for Dobbins Island.
The Maryland Court of Special Appeals ruled yesterday that two environmental groups can appeal David Clickner’s plans to build a house on Dobbins Island.
The decision reverses a 2007 ruling from the county Board of Appeals that kept the Magothy River Association and the Chesapeake Bay Foundation from challenging a county finding that he could build on the island.
It also potentially sets an important precedent, giving environmental groups the right to challenge local zoning decisions, lawyers for the foundation said.
The court, the state’s second highest appeals court, ruled that the board based its decision solely on property ownership and disregarded the groups’ activities and investment in the river.
“The board … did not make findings sufficient for us to determine whether or not appellants have a personal interest that will be affected personally and specially in a way distinct from the general public,” Judge Christopher Kehoe wrote in explaining the court’s unanimous decision.
The case will now be sent back to the board for a new hearing.