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 Odenton rubble
landfill case in state high court The decade-old legal battle over a a proposed rubble landfill in Odenton landed in the state's highest court this week, where the county will challenge a waste management company's right to seek state approval for the project. A petition filed by county attorneys Monday asks the Court of Appeals to review an October decision by the Court of Special Appeals overturning a county judge's 1998 ruling that National Waste Managers had allowed its special exception to expire three years ago. That decision nullified Halle Development Co.'s plans to build the 150-acre Chesapeake Terrace Landfill near the Patuxent Wildlife Research Center. The appeals court chastised the county for delaying the project by rescinding special use permits because they had expired. But in its 14-page petition, the county argued local laws around the state limit the time in which developers can implement projects approved as special exceptions to zoning laws. "Clearly the Court of Special Appeals was swayed ... by what it perceived as the county's role in hindering National Waste Management's ability to get it's special exception uses into operation," county attorneys wrote. But the decision rewrites local laws and "wreaks havoc" on orderly land use planning, county attorneys claim. "The opinion makes it impossible for local governments to determine the timing of development projects," the county argues. Stephen P. Resnick, a former assistant county attorney now representing Halle Development, could not be reached for comment. The county has been battling Warren E. "Cookie" Halle's firm for years over the landfill in court. The project was initially approved by a county administrative hearing officer, but was voted down by the Board of Appeals. On appeal, the Circuit Court reversed the board decision, but the Court of Special Appeals reversed that opinion. A special exception was finally granted in August 1995, but the project was put on hold as other appeals were raised. In 1997, the county rescinded the permits. Under county law, planning officials can rescind a special exception permit if work does not commence within a year of approval, or if the use is not completed within two years after the decision is made. Halle's Development's appeal from Circuit Court centered on whether the county acted properly in starting the clock running on the permit while simultaneously fighting the development on other fronts in court. Planning officials believe they should retain the right to pull the plug on such projects because the makeup of the surrounding area changes with time, and a project approved in 1995 may not meet today's standards. "Local planning and community concerns mandate a reexamination of the underlying requirements for a special exception use if the use is not effectuated within the required time frame," the county maintains in it's appeal. Crofton and Odenton residents oppose the project for environmental and traffic reasons. The Court of Appeals must decide whether there is good cause to take the case. A decision will likely be made within four to six weeks. Published 01/25/01, Copyright © 2002 The
Capital, Annapolis, Md. used with permission www.stopodentonlandfill.com |
