Residents in Westbard are taking the Montgomery County Council to court, alleging the sector plan for the Bethesda neighborhood was approved improperly.
In May, the council unanimously approved the land-use guide, which had sparked opposition in the community almost from the start when planners started the process in 2014. Over the months, raucous public meetings followed.
The plan allows developer Equity One to redevelop the aging Westwood Shopping Center and Capital Properties to build a high-rise apartment building. A week before the council’s approval, residents staged a protest, claiming the council was influenced by developers instead of nearby homeowners.
“They’ve disregarded everything we’ve said. They’re going for density and tax revenue and the public be damned,” protester Irving Lieberman said then. “You can tell there’s pressure on these people.”
Council member Roger Berliner, whose district includes Westbard, had no comment Tuesday.
Michelle Rosenfeld, a lawyer based in Rockville, is representing the “Save Westbard” residents. She said the residents’ lawsuit would be filed this week. Rosenfeld said the names of the plaintiffs would be public once the case is filed. Her website includes links to accept donations to the residents’ legal fund.
She said the suit would allege:
— The council failed to follow the public hearing requirements under county law;
— The Montgomery County Planning Board failed to include environmental assessments that were required under county law; and
— The council and at least two property owners, Equity One and Capital Properties, engaged in illegal contract zoning, allowing increased heights and densities in return for a commitment for more affordable housing.
Rosenfeld said she and the residents pressing the suit are not opposed to the construction of affordable housing in the area.
“We are opposed to affordable housing when it’s the predicate for increased heights and density in violation of Maryland law,” she said.
Before starting her own practice in 2006, Rosenfeld worked for the Montgomery County Planning Board for 16 years, and for 10 of those years, she ran the board’s legal department, she said.
