Anne Arundel County Executive Janet Owens (D) fails to enforce laws concerning an illegaly constructed house on Dobbins Island in the Magothy River.
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Proposal may end fight over Little Dobbins Island home
By PATRICK RIPLEY, Staff Writer
An attorney for the man who illegally built a house on a Magothy River island has approached two opposition groups about a compromise that could end the battle over the hotly debated home.
Jon Mueller, who represents the Chesapeake Bay Foundation, said Annapolis environmental attorney Warren Rich approached him on Monday about the home built on Little Dobbins Island by Daryl Wagner.
Mr. Mueller said no firm offer was made, but he expects one in the coming weeks.
"Nothing was in writing, so it's kind of hard to say what, actually, the proposal is going to be," Mr. Mueller said Wednesday. "We'll consider what they propose and we may have a counterproposal of our own."
On Thursday, Mr. Rich met with Critical Area Commission Chairman Martin G. Madden and Assistant Attorney General Marianne Mason to discuss the future of the island home, according to Ron Serey, the commission's executive director.
"Mr. Rich made some relatively vague overtures regarding how he hopes Mr. Wagner's problems can be resolved," Mr. Serey said yesterday. "We simply listened and did not really comment and our position has not really changed ... (Mr. Rich) just said Mr. Wagner wants to resolve this issue. He didn't propose how."
County Administrative Hearing Officer Stephen M. LeGendre ruled in September that the 5,510-square-foot house - first discovered in March 2004 -- could remain if Mr. Wagner retroactively applies for and receives the proper permits. Accessory structures such as a lighthouse, pool and gazebo, however, must be torn down, Mr. LeGendre ruled.
The Chesapeake Bay Foundation and state Critical Area Commission appealed Mr. LeGendre's ruling to the county Board of Appeals. The Magothy River Association also is contesting the ruling, arguing in its own appeal that the home should also be razed.
The groups charge that county officials have refused to enforce the state Critical Area Law governing sensitive environmental land and allowing the home to stay would set a dangerous precedent for property owners to build first and ask questions later.
"I know there are a lot of people that are concerned and anxious to see what's going to happen with this, and I think we are all trying to find what is the right kind of solution," Mr. Mueller said.
Messages left with Mr. Rich this week were not returned, but another of Mr. Wagner's lawyers, Robert Fuoco, said the legal team is "trying to understand our opposition."
"To say there's a deal in the mix is way overstating it," Mr. Fuoco said Wednesday, describing the contact as more of a fact-finding mission.
Mr. Fuoco, who also has appealed Mr. LeGendre's decision, said any serious talks would have to include the county. He declined to speculate on what that may entail, but county land-use spokesman Pam Jordan said the county would be willing to participate.
"We would always be obligated to listen to a settlement proposal. Any settlement is a matter for public record and settlement discussions are routine among cases that are in litigation," Ms. Jordan said, but added "we can only settle on what the law provides."
County Executive Janet S. Owens yesterday refused through a spokesman to speak to a reporter about the island home.
"The county executive feels that she has responded to these types of questions before," said Matt Diehl.
The county has filed a lawsuit seeking to have the house torn down, though Ms. Owens has publicly stated she thinks that would be too harsh. Those comments have led critics, including Magothy River Association President Paul Spadaro, to charge Ms. Owens is helping out a friend in Mr. Wagner, though she has declined to comment publicly on their relationship.
According to the state campaign contributions online database, Ms. Owens' campaign has received $1,950 from Mr. Wagner's building company, Wagner Homes Inc., since November 1999. The last contribution, in March 2003, came a year before county inspectors discovered the house.
Mr. Spadaro, the most outspoken critic on the issue, said he wants to see all the structures on the island torn down and is against any compromise that would stop short of that.
"This is not a game show," he said. "There are not going to be any deals here."
The county Board of Appeals has not yet set a date to hear any of the cases.