The Maryland Supreme Court backed a law that lets developers build townhomes at Bowie Freeway Airport, saying it helps reduce safety risks from planes crashing in nearby neighborhoods, but there are still challenges ahead from local lawmakers and citizens.

Here are the highlights:

  • The Maryland Supreme Court upheld legislation allowing townhome development at Bowie Freeway Airport.
  • CB-17-2019 was deemed lawful, serving a public purpose by decommissioning the airport identified as a public safety risk.
  • The Rodenhauser family and developer St. John are appealing new legislation that voided the original law.
  • The airport has been owned by the Rodenhauser family since the 1940s but faced operational challenges post-9/11.
  • The area surrounding the airport has a history of local plane crashes, raising safety concerns.
  • The property was rezoned for higher density housing from low-density zoning of one unit per two acres to 4.5 units per acre.
  • A citizens group initially challenged the legislation, winning in lower courts before the Supreme Court’s appeal ruling.
  • The Supreme Court emphasized that reducing plane crash risks in residential areas enhances public safety.
  • The decision may lead to a compromise among airport owners, residents, and the new County Council.
  • Other development news includes the progress of single-family homes in Fairway Estates, priced around $900,000.

Originally Published on September 6, 2023Last Modified on September 6, 2023

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Maryland Supreme Court Sides with Freeway Airport Developer

The Maryland Supreme Court has upheld legislation that allows a townhome development at the Bowie Freeway Airport.

In a decision earlier this month, the Supreme Court found CB-17-2019, the legislation that enabled the townhomes, was lawful. Specifically, they concluded the law was a legitimate measure "to further a valid public purpose," in decommissioning the airport identified as a "public safety risk."

There are still challenges ahead for the developer and the airport's current owners, who for four years have been seeking to close the airport and pursue a townhome community at the site.

The newly elected Prince George's County Council passed legislation earlier this year voiding the original law and precluding townhomes at the location. The Rodenhauser family that owns the property, along with St. John, the firm hoping to develop the site, have appealed the new legislation.

The saga began when airport owner Stanley Rodenhauser's health started to decline. The Rodenhausers have owned and operated the airport since the 1940s when the area was mostly farmland.

After the September 11 terrorist attacks in New York and Virginia, changing FAA rules made operating the airport far more challenging, and less profitable. Facing turning over the airport to his children, the Rodenhausers decided it was better to sell and exit the business entirely.

Part of the rationale was the frequency of local plane crashes in the vicinity of the neighborhoods surrounding the airport, a common risk with smaller aviation operations.

The airport land, sitting just outside City of Bowie limits, was originally zoned for low-density housing, one unit for every two acres. The family reached out to the Prince George's County Council, then a group friendlier to development, to rezone the property for denser housing.

The answer came in the form of CB-17- 2019, a text amendment adopted by the previous County Council, increasing the allowable housing density at the airport to 4.5 units per acre.

A citizens group quickly challenged the legislation in court, initially winning in lower court decisions finding the text amendment unlawful.

In an appeal, the Maryland Supreme Court rejected the Appellate Court’s decision, reasoning that, “Eliminating the risk of plane crashes, particularly in a residential area, without question furthers an interest in public safety."

As the legal fights continue, it's possible the latest decision could encourage a compromise between the airport owners, residents, and the new County Council.

Other Development News

The first single-family homes in Fairway Estates are moving forward, listing in the $900,000 range.

This is the redevelopment of the former Glenn Dale Golf Course, now featuring upscale single family homes by KHov and DRB Group.