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.
