FREDERICK COUNTY — The Supreme Court of Maryland upheld a lower court ruling on July 1, 2026, preventing a referendum on Frederick County's expanded data center zoning ordinance from appearing on the November general election ballot. The court issued an order on Tuesday affirming the June 21 decision by the Circuit Court for Frederick County.

The Circuit Court for Frederick County had sided with developers and property owners who challenged the referendum effort. Following this decision, the Frederick County Data Center Referendum Committee filed an appeal.

The Supreme Court of Maryland upheld the lower court's finding that the referendum petition was legally deficient. The court determined the petition failed to include the full and accurate text of the law as required by the Frederick County Charter and Maryland Election Law. Consequently, the court affirmed the circuit court's decision to reverse the Frederick County Board of Elections' certification of the referendum petition, invalidating it. The court declared Frederick County Council Ordinance 26-01-001 ineligible for referendum and stated that a full written opinion explaining its reasoning will be filed at a later date.

The Frederick County Council approved Ordinance 26-01-001, which expanded the data center zoning area near Adamstown. Opponents of this ordinance gathered signatures in an effort to place the measure before voters, but several developers and affected property owners challenged the referendum in court.

Why It Matters

This ruling ensures that Frederick County Council Ordinance 26-01-001 will remain in effect without a public vote in the upcoming November general election. The decision resolves a legal challenge initiated by developers and property owners against a referendum effort.