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Posted on: April 26, 2019

QAC Commissioners Defer to the Courts for Four Seasons DRRA

gavel and scales of justice

The Queen Anne’s County Commissioners held a public hearing during their April 9th meeting to hear information and pubic views regarding developer K. Hovnanian at Kent Island LLC’s petition regarding the Developers Right and Responsibilities Agreement (DRRA) for the age restricted Kent Island Four Seasons neighborhood.

 During their April 23rd meeting the commissioners made a motion, that “as to the Petition of K. Hovnanian at Kent Island, LLC, I move that we acknowledge that the Developers Rights and Responsibilities Agreement was tolled in part, as more specifically set forth in paragraph 7 of the Declaratory Provisions of Judge Sause’s September 17, 2003 Judgment, until October 23, 2023.  As to the remainder of the period which K. Hovnanian seeks to have the Commissioners confirm that the DRRA has been tolled, I move that that the Commissioners, sitting in an administrative capacity as the “public principal,” take no action on the request as it presents a legal issue properly to be determined by a Court of appropriate jurisdiction.” The motion passed with a 3 to 1 vote, with Commissioner Philip Dumenil voting against. Commission President James Moran was unable to attend the meeting due to illness.  

 County Commissioner Christopher M. Corchiarino, District 4, said that during the hearing on K. Hovnanian’s Petition to confirm tolling, many of the citizens that spoke commented on K. Hovnanian’s request for the commissioners to extend the DRRA, but that was not the request before the Commissioners. Instead K. Hovnanian’s position was that over the years, the challengers to the Four Seasons’ project “tolled” the time to perform under the DRRA because the lawsuits prevented K. Hovnanian from starting construction.

 “Tolling is a legal term which basically means that while the lawsuits were pending the pause button was hit on the running of the time to perform the contract. In Judge Sause’s 2003 ruling, he essentially tolled the DRRA for 13 months,” said Corchiarino. “As tolling is a judicial determination, I felt it was appropriate to recognize Judge Sause’s prior ruling and defer to the court on any further ruling as to whether tolling applies to the other lawsuits identified in K Hovnanian Petition.”

  “The commissioners appreciated all of the citizens who appeared to give voice to their opinions for and against the petition,” said Corchiarino. “All who spoke or just came to listen were respectful of each other’s opportunity to be heard. We are fortunate to live in a community where we can engage in healthy, polite, and civil discourse over matters where we may disagree.”

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