(3/25) Controversy surrounds the annexation of Patricia Simmers’ 16.7-acre farm, leaving many Thurmont residents frustrated. The annexation request was previously turned down, leading Cross and Company, the developer spearheaded by Danial Cross, to move forward with simultaneous lawsuits against the residents of the neighboring Albert Courts community, as well as the Town of Thurmont, Frederick County, two HOAs, and a construction company. The original lawsuit addresses the derelict stormwater management equipment, while a newer lawsuit, filed in February 2025, claims the unlawful discharge of pollutants onto the Simmers’ property and into Maryland’s waters.
Although not the first-time the annexation has been proposed, this most recent attempt comes on the heels of a referendum where residents voted to overturn the annexation in 2023. Cross has since been working on a lower-density concept plan which was introduced in 2024 at the same time as the original lawsuit. His proposed concept gave the Town two options: develop the seven-acre portion already within Town limits and leave the 16.7 acres for a stormwater management facility or, once again, ask for annexation of the 16.7 acres and build a smaller development with lower density than previously proposed.
Under the second option, Cross & Company claims they intended on addressing the abandoned stormwater management facility leftover from the construction of the neighboring Albert Courts community in the 90s. The facility was built on the Simmers’ property with the intention of it being removed after construction was completed. However, Cross and Company allege that after its completion in 1997, it was instead abandoned. Cross claims the facility is trespassing on and damaging the Simmers’ property as well as polluting local waters.
Residents at the January Planning and Zoning Commission meeting were adamant that the lawsuit was in retaliation of the overturned annexation, and they pleaded with the Commission to not make any decisions until the lawsuit is cleared up. Less than a month later, Cross & Company filed a second lawsuit claiming the stormwater runoff from the 11.86 acres is not being treated for either quantity or quality. According to a letter written by Cross to a member of the Maryland Department of the Environment (MDE). "[The] water appears to simply be disappearing into the ground or flowing across/eroding the fallow farm field on Mrs. Simmers’ property."
In the letter, Cross pointed out that "Twenty-seven years does not constitute a temporary use of the Simmers’ Property," and requests the Simmers’ property be restored to its original condition. He also mentions that the Town of Thurmont has been derelict in management of its stormwater affairs and dependent on Frederick County. The County has in turn refused to become involved in the issue. This brings Cross to an impasse with the Town and the County, thus why he requested MDE to further investigate the abandoned facility.
The Town awaits to hear MDE’s response to the newer lawsuit, however, the original lawsuit is set to be seen before a jury in June 2026. Meanwhile, residents of the Albert Courts community and the Town of Thurmont are embroiled in a legal battle for some time.
