The state Court of Special Appeals today is considering a case brought by a group of Bethesda residents hoping to overturn a county growth plan for their neighborhood.
At the center of the lawsuit is a recently approved development plan that would add about 500 residences and 205,000 square feet of retail and restaurant space at the Westwood Shopping Center site.
The more than 30 appellants in the group “Save Westbard” argue the Montgomery County Planning Board didn’t adequately consider greenhouse gas emissions when developing a master plan for the area on Westbard Avenue in 2016. The master plan sets guidelines for development in the area.
The group also says the County Council failed to hold a required public hearing on the proposal before approving it.
A Montgomery County Circuit Court judge a year ago ruled against the group’s lawsuit and the group filed an appeal in the state’s second-highest court.
Representatives of the county Planning Department and developers declined comment.
Michele Rosenfeld, an attorney for Save Westbard, could not be reached.
The problem, Save Westbard says, concerns a proposed park area and its viability due to a standing easement agreement. The easement, which allows long-term access to a property without selling the land, is with a nearby condominium complex and Save Westbard members argue the easement would prohibit a full build-out of a proposed park.
The first draft of the property’s development plan was submitted in 2016, calling for roughly 1.8 million square feet of development, including townhouses, high-rise apartments and a mixed-use building.
Community members voiced displeasure about the proposal and developers altered the plan two times, settling on plans that include a park, a supermarket and a five-story, 500-unit apartment building with ground floor retail and underground parking.
The County Planning Board approved the plans in March and developers said construction could start this year. The project is led by Florida-based developer Regency Centers.
Later phases of the project include an additional 210 apartments and 34 townhomes, as well as about 34,000 square feet of commercial space.
Caitlynn Peetz can be reached at caitlynn.peetz@moco360.media
