The Maryland Court of Appeals has ruled that a referendum petition concerning a zoning ordinance for data centers in Frederick County is invalid. The court's decision affects the Frederick County Data Center Referendum Committee, which sought to challenge the ordinance through a public vote. This ruling is significant as it clarifies the legal boundaries of referendum rights under the Frederick County Charter.
The case, titled In re: Frederick Cnty. Data Center Referendum Committee, No. 67, September Term, 2025, arose when the Frederick County Council enacted Ordinance 26-01-001, which established a zoning overlay for data centers. The ordinance was part of a broader initiative to manage the growth of data centers in the county, a topic that has generated considerable public interest and debate. The court's ruling emphasizes the importance of adhering to legal standards when submitting petitions for referendums.
The Frederick County Data Center Referendum Committee, the appellant in this case, aimed to petition the newly enacted zoning ordinance to a public vote. After gathering the necessary signatures, the petition was initially deemed sufficient by the Election Director of the Frederick County Board of Elections. However, the petition faced opposition from several entities and county voters, referred to as the Referendum Opponents. They argued that the ordinance was not a law subject to referendum and that the petition did not meet the necessary legal requirements.
The dispute escalated to the Circuit Court for Frederick County, which ruled in favor of the Referendum Opponents. The court found that the ordinance was not a law subject to referendum under the Frederick County Charter and that the petition was legally deficient. The court's decision was based on the interpretation of the charter's language and legislative history, which indicated that zoning ordinances enacted by the county were not subject to referendum.
The Maryland Court of Appeals, led by Chief Judge Fader, affirmed the circuit court's judgment on June 30, 2026. The court ruled that the petition was insufficient because it failed to include a full and accurate reproduction of the ordinance, as required by the charter. The court stated, "The petition was legally deficient because it failed to contain the 'full and accurate text' of the CDI Ordinance, as required by Charter § 308(b)." This ruling reinforces the importance of clarity and completeness in referendum petitions.
This ruling has significant implications for future referendums in Frederick County. It clarifies that zoning ordinances, particularly those enacted under the county's charter, may not be subject to public vote. This decision could discourage similar attempts to challenge zoning laws through referendums, as it sets a precedent for how such petitions must be constructed and the legal grounds required for their validity.
Moving forward, the ruling may affect how local governments in Maryland approach zoning ordinances and their potential for public input. The decision underscores the need for citizens and advocacy groups to carefully consider legal requirements when seeking to challenge local laws through referendums.
Details were not available in the court filing regarding whether the decision can be appealed further. However, the ruling from the Maryland Court of Appeals is typically considered final unless there are grounds for further review by the Supreme Court of Maryland.