Dan's Mountain Wind Force, LLC v. Allegany Cnty. Bd. of Zoning Appeals

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

Friedman, J.

*487 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 for a variance. We explain how such analyses should be conducted and remand for the Board to try again.

FACTS

Dan's Mountain Wind Force, LLC seeks to construct 17 wind turbines and an…