Clarksville Residents Against Mortuary Defense Fund, Inc. v. Donaldson Properties

We consider whether the Howard County Board of Appeals (“the Board”) erred in approving a conditional use application for a funeral home in Howard County’s Rural Residential-Density Exchange Option zone (“RR-DEO”).1 In December *5232009, Donaldson Properties, et al. (“Donaldson”), filed a conditional use application with the Board, seeking to build a funeral home and mortuary. The proposed site was a 3.207 parcel of land located on the western side of Maryland Route 108 and close to a stream system protected by the Maryland Department of the Environment (“MDE”). The proposed conditional use…