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DAN'S MTN WIND FORCE v. BD OF ZONING APPS

No. 804, Sept. Term, 2016.

182 A.3d 252 (2018)

236 Md. App. 483

DAN'S MOUNTAIN WIND FORCE, LLC, et al., v. ALLEGANY COUNTY BOARD OF ZONING APPEALS.

Court of Special Appeals of Maryland.

April 3, 2018.

Attorney(s) appearing for the Case

Argued by: Gorman E. Getty, III, Cumberland, MD. (John B. Gontrum, Whiteford, Taylor & Preston, LLP, on the brief), Towson, MD, for Appellant.

Argued by: Wesley W. McKee, Cumberland, MD, for Appellee.

Panel: Meredith, Friedman, W. Michel, Pierson (Specially Assigned), JJ.

This case concerns the rejection of an application for variances to the setback and separation distance requirements for a wind farm in Allegany County. We hold that the Allegany County Board of Zoning Appeals did not properly apply the uniqueness test or the practical difficulty test necessary for an applicant to prove eligibility...

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