(6/25) Even with the pending lawsuit against the Town and residents, Cross and Company resubmitted the Concept Plan for a 38-home community to the Planning Commission in May due to how much time had passed since the original submission in March of 2023. The "Albert Meadows" development would sit on a 7.8-acre portion within Town limits, with a stormwater management facility on the remaining 16.7-acre portion. The 38 townhouses would be broken down into 30-three story units with integrated garages and eight two-story villas with integrated garages.
The controversial development is part of a larger issue involving the annexation of the remaining 16.7 acres. This portion was annexed into the Town in 2022 and then revoked two months later. Cross came before the Commission in January of 2025 asking for annexation once more, however, a lawsuit was in place by that time involving the residents of the neighboring Albert Courts community, as well as the Town of Thurmont, Frederick County, two HOAs and a construction company.
This lawsuit was in response to a derelict silt pond that was part of a larger stormwater facility on the Simmer’s parcel left over from the construction of the Albert Courts Community in 1992. The facility was considered abandoned in 1997 and according to Cross and Company must be removed by the defendants because its presence on the Simmer’s property prevents the land from being developed.
Originally, the defendants in the case were heading to Court in June of 2025; however, the case has been pushed to September of 2026, shackling residents to their homes. Although you can legally sell a home under a pending lawsuit, it is extremely difficult and can be expensive and time consuming. Court fees for the case are also extremely costly.
Understandably, Residents of Thurmont have been opposed to the annexation and development of the Property from the beginning. One resident emailed a picture of the Simmer’s property flooding after a significant rain event. "My concern is that the location of the proposed stormwater management pond will be of little to no value in assisting with stormwater runoff from the proposed new development because it is not at the low point of the property," read Town Planner Kelly Duty from the email. Commissioner Marty Burns, was also concerned about the flooding, pointing out that the stormwater pond that is intended to allow water to drain is potentially uphill of the Property's lowest point. He urged the Commission to be cautious about the proposed management pond as the Town of Thurmont has had issues with County approved ponds for decades. "We have to make sure the County got it right," he said.
Resident Alicia Kuchinsky said she had to delay her retirement because of the lawsuit. "None of this matters," she said. "It shouldn't even be on the table until all of the legalities are done." She questioned why Cross and Company was in such a rush to get the Concept Plans approved when the lawsuit isn’t expected to be finalized until September of 2026. Many other residents agreed, frustrated that they are being sued for something that occurred with many of the previous owners of their homes.
Although the Concept Plan was resubmitted with all requirements met, Burns pointed out that the Commission isn’t voting on anything at this time. Their job is to make sure all of the boxes are checked and everything is done correctly. Duty pointed out that the Town has utilized a third party to review stormwater plans in previous projects to make sure the Plan’s design is adequate and suggested it may be prudent to do so for this project as well.
