BALTIMORE, MD (September 22, 1997) -- A lawsuit filed by a Wicomico County landfill company to force the Maryland Department of the Environment (MDE) to change a refuse disposal permit without requiring public participation was dismissed on September 15 by Baltimore City Circuit Court Judge J.H.H. Kaplan.
J. Roland Dashiell Realty operates the West Road Rubble Landfill in Wicomico County for construction and demolition waste generated by J. Roland Dashiell and Sons. Wicomico County sued Dashiell for zoning violations to prevent the company from disposing of any waste at the landfill generated from other sources. In May 1997, the Wicomico County Circuit Court issued an order preventing Dashiell from accepting waste except that generated by Dashiell Realty.
Dashiell Realty requested MDE to change the permit to reflect the court order and allow a change in the waste source. After a review, MDE advised J. Roland Dashiell Realty that because the permit was limited to waste accepted from J. Roland Dashiell and Sons, any change regarding waste source constituted a material alteration of the permit. A material alteration of a refuse disposal permit requires public participation and is subject to the full permit review process under Maryland law.
Contending that MDE's decision shut down their business, Dashiell Realty sued. The judge, in a summary judgement, dismissed the lawsuit with prejudice and ordered Dashiell to pay the court costs.