Friday, July 31, 2009

Federal Lawsuit Update 2

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There is still another federal lawsuit pending against the county. This is the lawsuit brought by Phillip Rousseau, Carvel Mays, Jr., Frank Martin and Paul F. Kendall. As in the lawsuit that was dismissed yesterday, the plaintiffs are represented by Susan Baker
Gray.

Phillip Rousseau specifically complains that his “home is about ¾ of a mile from the Seiling Industrial Park site. Historically, this property has been used for low intensity use, most recently as the set for the TV show “The Wire.” Plaintiff Rousseau and his wife will be severely harmed if the site is redeveloped into big box grocery stores as would be allowed under Final Development Plan Amendment, FDP 117-A-II, approved by the Howard County Planning Board in January of 2008.”

The complaint goes on to allege that:

"It has been estimated that were the entire property to develop in this manner, such development would generate huge increases in traffic on Snowden River Parkway behind Plaintiff’s home.

Plaintiff is aware that as of this time there is one big box grocery store—a Wegmans-- which is seeking approval to be constructed from Howard County. With Wegmans built, more and more large trucks will traverse Snowden River Parkway behind Plaintiff’s home because the parkway provides direct access to the distribution trucks coming from the mid west and providing goods to the store. Many of these trucks are diesel and will bring with them the additional fumes, dust, and noise, emanating from such engines.

The construction of Wegmans, a regional shopping venue, will draw shoppers from all over the region. Shoppers coming from western and southwestern Howard County, Montgomery County and Carroll County will likely use Snowden River Parkway behind Plaintiff’s home to get to and from the store.

Such additional truck and vehicle traffic behind Plaintiff’s home, resulting from the completion of a Wegmans store, will severely and negatively affect Plaintiff and his family’s ability to enjoy their home and the value of their property. "

What is truly interesting to me is the complaint about truck traffic and diesel fumes. What Phil fails to mention in this complaint is that, prior to being used to film “The Wire”, this property was used for the regional distribution of medical products by Cardinal Health. If anything the amount of truck traffic has actually decreased as the nature of the area has shifted from industrial to retail uses.

And the status of this case?

According to Kevin Enright, the county has yet to be served. Go figure that! Someone should tell Phil that the county offices are now almost as close to his house as the Wegmans site

17 comments:

Anonymous said...

Do you really think diesel fumes' possible impacts on communities are a joking matter? One could infer that certain blog authors do take diesel fumes risks seriously as their chosen residences are well away from truck-bearing highways. (I'll skip the 'you are there' dots on the map since, as most of us learned, it is impolite to point.)

And your map may show the location, but isn't the existing building on the site considerably smaller than the structures to be built?

When a similar store opened in VA a while ago, 20,000 people showed up. Snowden River would be impacted from that kind of additional traffic I think, causing all the more fumes from more idled cars and trucks.

Who'll get the bill if Snowden River gets widened at some point down the road if unacceptable congestion results?

Anonymous said...

Isn't living next (ahem...3/4 mile) to an industrial park and complaining about truck traffic like:

Living next (3/4 mile) to an airport and complaining about aircraft noise...

Living next (3/4 mile) to the ocean and complaining about corrosion due to salty air...

Living next (3/4 mile) to a fire station and complaining about siren noise...

Living next (3/4 mile) to a sewage treatment plant and complaining about the smell...

Living next (3/4 mile) next to the equator and complaining that its hot...

No one was forced to buy a property next to an industrial park.

Anonymous said...

The diesel angle is interesting. What expert has the plaintiff brought on board to accurately describe the diesel plume migration and its detrimental effects? Is it possible to distinguish diesel fumes emitted on Snowden River Parkway from diesel fumes emitted from nearby Maryland Route 32 or Interstate Highway I-95?

What an interesting paper that would be to read!

Anonymous said...

Anon 10:31,

Opening day numbers are dubious. The Ikea in College Park required local police to direct traffic during the first few months of operation. Once the newness wore off, traffic is much better.

Anonymous said...

Anon 10:31,

What do you have against being able to shop for a variety of foods in one place? Wouldn't more fumes be put in the air is we have to go to several places to do the shopping that could be done at Wegmans?

Why do you dislike fresh food choices?

Buffalo Guy said...

Actually the Wegmans distribution center is in PA, so trucks would be coming from the north and wouldn't bypass by the guys house anyway. If he's that worried about fumes, why would he live that close to any Industrial area? Doesn't make much sense to me. Anyone know if this lawsuit is against Wegmans or just Howard County?

Anonymous said...

whi..whi..whi..whi..(ne)
Wouldn't it be great if God gave us the common sense to come in out of the rain. Why whine about Wegman's? You'll all be shopping there anyway.
HH

sv said...

Glad another ridiculous lawsuit from the the union backed NIMBYs was dismissed. Diesel fumes are just another excuse to try and stop Wegmans. Funny how they did not worry about fumes from all the other stores built nearby in the last few years.

Bob O said...

Wow! That guy "Anonymous" really gets around the internet! He's everywhere! And making multiple posts! I'm amazed at his energy....

Anonymous said...

Howard County accused of end run around citizen rights

Christine said...

Wow. Phil's a jerk. I live a good 10 minute walk from the Harris Teeter and it's been the best thing for my area. Sure, there are more cars, and yes, the parking lot is usually packed, but I see this as a good thing, especially for the village center. I haven't had any trouble with the extra trucks and both Eden Brook and Guilford roads are much tinier than Snowden.
Since the proposed Wegmans is very close to where I work, I'm really looking forward to being able to pop over there for a Danny's sub for lunch!

Anonymous said...

Yeah, what jerks. Who needs basic rights, and let's support more influence for the already powerful because they'll give us a pacifier to make us think we're living high at the HT or Wegman's. Woo hoo!

Some people have ideals, backbone, others have greed and pacifiers.

wordbones said...

Anon 7:52 AM,

Posting anonymously and making a comment about having a backbone is really quite funny. Thanks for the morning chuckle.

-wb

Anonymous said...

I believe the reference was to Phil et al, not the poster. Need a towel for that egg?

Buffalo Guy said...

Wooossshhhh is the sound made as WB's comment flies right over "anons" head.

Anonymous said...

buffalo cookie, you make no sense.

Anonymous said...

I'd love to live next to a Wegmans.