Federal Lawsuit Update 2

click to enlarge

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