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Council discusses rezoning across from shopping center

June 04, 2003|by SCOTT BUTKI

scottb@herald-mail.com

The Hagerstown City Council on Tuesday discussed a proposed rezoning across from the Long Meadow Shopping Center that was appealed twice and recently has been remanded back to the city.

On May 22, 2001, the council voted to change the zoning on 3.6 acres of farmland on the corner of Eastern Boulevard and Potomac Avenue from agricultural to cultural, which could clear the way for a new CVS pharmacy in Hagerstown's North End.

But since the vote, four new council members - N. Linn Hendershot, Kristin B. Aleshire, Carol Moller and Penny May Nigh - were elected.

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The council agreed by consensus that the new members will go back and read through the record of the issue and a vote will be taken later.

After the work session, James Stone, the attorney for property owner Evergreen Properties, said CVS remains interested in moving across the street.

On June 15, 2001, 17 neighbors of the property appealed the council's May vote to Washington County Circuit Court.

On Dec. 4, 2001, Evergreen Properties appealed a Washington County Circuit judge's decision to send the case back to Hagerstown's mayor and City Council. Judge Kennedy Boone ruled that the mayor and council needed to better explain why the council voted to change the zoning from agricultural to commercial.

On March 3, the Maryland Court of Special Appeals agreed with Boone and sent the matter back to the council.

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