No Resolution in Sight for Lawsuit Against Garrett Park

A proposed revision of a town zoning ordinance, orchestrated as the first step in an effort to settle Martin v. Garrett Park, was removed from the agenda of Monday’s council meeting, amid signs that negotiations to end the 10-month-old lawsuit are at a standstill.

Mayor Chris Keller revealed that Councilmember Charles Berry has been meeting with the Martins, without lawyers present, attempting to find a resolution to the case that has cost the town $108,335 in legal fees to date. Those discussions were apparently leading toward an agreement, which would have required the zoning law change originally slated to be introduced last night and voted on in January 2009.

The revised ordinance would have allowed lot coverage to exceed, by up to two percent, the current 18 percent limit—if the extra construction were for a front porch. That move presumably would have allowed the Martins to build a porch somewhat smaller than the proposed structure for which they were first denied a building permit in January.

Sources, who spoke on condition of anonymity, said negotiations collapsed after the Martins added a demand that Garrett Park relinquish to Montgomery County any responsibility for building inspections or oversight of the porch’s construction.

Keller and members of the council were careful to discuss only the substance of negotiations conducted by Berry and not the court-mandated mediation that remains under a confidentiality order.

During an exchange about the town budget and legal fees, 45-year Garrett Park resident George Martin Sr. asked why a proposal in October by setback advisory committee chair Harry Gordon to change lot coverage rules, in order to accommodate porches, had apparently received scant attention. “What am I missing?” he asked. “Is the bleeding going to continue?”

Keller explained that the October proposal was “specifically in response” to mediation. Asked for further details after the meeting, Keller said “the parties filed a joint motion, signed by the attorney for the Martins, to continue the case because, according to the motion, settlement had been reached.” Five days later, Keller said, the plaintiffs withdrew.

Cindy Kratz, sister of plaintiff Elaine Martin, challenged the council to pass the porch-related ordinance change. “The lawsuit goes away if you do this ordinance,” she said. “There is no standing” for the case to continue.

Keller countered that the town alone could not terminate the case. There would, he said, need to be mutual agreement on steps necessary for the Martins to withdraw their suit. “You know there have been many prior steps,” he said. “We’re not going to solve here what a court hasn’t after 10 months.”