The Maryland Court of Appeals recently upheld a ruling that blocks a referendum on a data center ordinance in Frederick County. This decision affects the Frederick County Data Center Referendum Committee and local residents who were hoping to challenge the county council's decision. The ruling is significant as it clarifies the limits of referendums in local governance.

The case, known as In re: Frederick Cnty. Data Center Referendum, was filed under docket number 67pc/25. The court's decision was announced on June 30, 2026, following a series of petitions from various parties involved in the data center project.

Background

The parties in this case include the Frederick County Data Center Referendum Committee, which aimed to challenge the county council's Ordinance 26-01-001, and several appellees, including Quantum Maryland, LLC, and other local property owners and developers. The dispute arose after the Frederick County Council passed the ordinance, which the referendum committee sought to overturn through a public vote.

The case made its way to the Court of Appeals after the Circuit Court for Frederick County ruled in favor of the appellees. The circuit court's decision on June 21, 2026, declared that the ordinance was not subject to a referendum and that the committee's petition was deficient. The committee argued that residents should have the opportunity to vote on the ordinance, which they believed would impact the community significantly.

The Ruling

The Maryland Court of Appeals affirmed the lower court's ruling, stating that the ordinance in question was not eligible for a referendum under local law. The court noted that the committee's petition failed to meet the requirements of providing a full and accurate text of the law, as stipulated by the Frederick County Charter.

The court ruled that “the decision of the Election Director of the Frederick County Board of Elections to certify for referendum Frederick County Council Ordinance 26-01-001” was reversed. Additionally, it stated that “the Frederick County Data Center Referendum Committee’s referendum petition is deficient.”

The opinion was issued per curiam, meaning it was delivered in the name of the court rather than by a specific judge. Chief Justice Matthew J. Fader presided over the decision, with other justices participating in the ruling.

Impact

This ruling has significant implications for local governance in Frederick County and potentially sets a precedent for future referendums. By affirming the lower court's decision, the Court of Appeals clarified that not all ordinances passed by the county council are subject to public vote. This could limit the ability of referendum committees to challenge local laws through public voting.

The decision may discourage future attempts to initiate referendums on similar grounds, as it emphasizes the importance of adhering to specific legal requirements when filing such petitions. Local residents and advocacy groups may need to reevaluate their strategies for influencing local governance and consider other avenues for challenging council decisions.

What's Next

Details were not available in the court filing regarding whether the ruling can be appealed. However, given the finality of the Court of Appeals' decision, it is likely that the options for further legal action are limited. There are no related cases pending that were mentioned in the court opinion.