Legal Battle Over Swallow Falls Bridge Replacement Plan Continues as Judge Denies DNR’s Motion
A recent ruling by Garrett County Circuit Court visiting Judge W. Timothy Finan has allowed opponents of the Swallow Falls bridge replacement plan to proceed with their case against the Maryland Department of Natural Resources (DNR). On Monday, Judge Finan denied DNR’s motion to dismiss a petition that challenges an exception granted by DNR Secretary Josh Kurtz related to the state-protected Youghiogheny River corridor.
The petition, filed in September by Steve Storck, who owns property in the Wild Yough scenic corridor, the Old Growth Forest Network, and Yough Farms LLC, seeks to remove the exception granted by DNR that would permit Garrett County to construct a new bridge on an offset alignment of the existing Swallow Falls span.
Attorney J. Dirk Schwenk of Baylaw, LLC, representing the petitioners, expressed satisfaction with the court’s decision. He stated, “(Finan’s) order means that the court recognizes that these petitioners have standing to challenge the DNR’s decision, and that the court has the power to review it.”
Schwenk emphasized that these early decisions are crucial, as they provide an opportunity for the petitioners to present their case against the exception granted by DNR. The objections raised by the petitioners include concerns about the environmental impact of the offset alignment, which would involve significant clearing, grading, and the loss of trees and habitat along the Youghiogheny River.
The designated wild area between Millers Run and the southern corporate limits of Friendsville is subject to a management plan and regulations governing its use and development. The petition argues against activities such as damming, dredging, filling, channelization, or other alterations of the river or its banks, except those involving the repair of existing bridges.
In October, Garrett County joined DNR in seeking the dismissal of the petition, claiming it failed to state a claim under which relief could be granted. The motion argued that the Scenic and Wild Rivers Act does not provide for judicial review, DNR’s decision is not quasi-judicial, and the petitioners lack standing for administrative mandamus claims.
However, Judge Finan’s recent decision to deny DNR’s motion indicates that the court believes the petitioners have a valid case to challenge DNR’s decision. Storck, in response to the court decision, attributed it to the presentation of a strong case by Schwenk and criticized DNR for defending what he called “the indefensible.”
DNR Media Relations Manager Gregg Bortz responded to the ruling by stating that the department appreciates the court’s time and will evaluate its options but is prepared to present its case at the upcoming hearing. Judge Finan is scheduled to preside over the issue on April 2 and 3, marking the continuation of the legal battle over the Swallow Falls bridge replacement plan.
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Jay Ferguson
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My name is Jay Ferguson, and I am a lifelong resident of the Deep Creek Lake area. I am also co-owner of the real estate side of Taylor Made. I have been in the real estate business for 21+ years now and I LOVE what I do! I have to say, my career really took off when I co-founded the real estate side of Taylor Made in 2014. Its been an amazing experience, building a real estate company from the ground up and achieving so much so quickly! In August 2016, we purchased Long & Foster Real Estate Deep Creek, where I had started my career in 2000. In 2018, we on-boarded virtually every agent from Coldwell Banker Deep Creek Realty as they closed up shop and the real estate family grew even more! We now have over 40 sales agents and have expanded to West Virginia and Pennsylvania, as well. Taylor Made is the #1 vacation rental company at Deep Creek with over 475 vacation rental homes, and over one hundred thousand yearly visitors. Its amazing what we have accomplished using the principles of honesty, teamwork and customer service!
Personally, my wife Jessica and I enjoy traveling and especially spending time in the outdoors, hiking and exploring the many diverse areas that Garrett County is naturally blessed with. We have raised two wonderful children here, Kayleah (22) and Noah (13). In the summer, we love spending time on the water with friends & family and enjoying the lake life! We are both active in our church, our community & local school activities, and we fill our schedule with plenty of volunteer efforts. I currently serve on the board of directors for Habitat for Humanity. I am proud to say that I was named Deep Creek Time’s Favorite ‘Community Champion’ in 2019. I was also named Garrett County Realtor of the Year in 2018-19, as well.
I really enjoy promoting my hometown. I am very proud of the resort area that has developed over my lifetime and look forward to growing the area even more! Deep Creek Lake has been described as ‘The Lake Tahoe of the east', and I think that speaks volumes about the potential to own property here! Deep Creek Lake isn't really a town or city by itself; it's comprised of three towns: Oakland, Swanton & McHenry, Maryland. I am very passionate about my hometown and am impressed with how many people know about it as we travel around the country. Deep Creek Lake is an amazing place to visit and even better place to live! During the pandemic in 2020, our market exploded and more and more people left their primary residence in the city to live here permanently. With distance learning in schools and tele-commuting becoming the ‘norm’, many more people were drawn to the area to ‘live where they love to play’.
Why You Want Me Working for You: In addition to being an owner, I am consistently one of the top-producing agents in the entire area and the Associate Broker of record for Taylor-Made Deep Creek Vacations & Sales. I have 21+ years of experience and I am a problem solver. There aren’t many situations that I have not encountered and I have a strategy for almost every scenario that you may encounter. I
have extensively trained in all areas of real estate & emerging technologies, and also have trained as an appraiser, as well as served as a full-time Broker. I have a strong knowledge of the industry, as well as many trusted local contacts & affiliations that allow me to perform at a very high level and deliver results. I have a great deal of respect for my peers in this industry and have strong working relationships that I would love to put to work for you.
Call me to discuss your situation - I know I can be of great service to you & others you care about!
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