Bowman Group temporary restraining order against truck stop ban denied; case continues

A Williamsport-area developer seeking to halt and ultimately overturn a decision by the Washington County Board of Commissioners that would essentially ban construction of new truck stops was denied a temporary restraining order in the matter Monday.

Bowman Group LLC and its subsidiary Bowman-Spielman LLC filed the motion in circuit court Dec. 6, with the Board of County Commissioners of Washington County as defendants.

Though the case was filed in Washington County Circuit Court, retired Allegany County Circuit Court Judge W. Timothy Finan denied the motion in a two-page order. The switch in courts is typical when there could be a perceived conflict of interest.

Background:Washington County Commissioners vote to curb truck stop, warehouse developments

"The Complaint, un-responded to at this point by the County Commissioners, raises serious legal issues about the adoption of the subject ordinance and amendment," Finan wrote. "However, a temporary restraining order may be granted only if it clearly appears that immediate and irreparable harm will result" to Bowman before a hearing can be held on the injunction.

An email to Washington County Attorney Kirk Downey was not immediately returned Tuesday afternoon.

Bowman Development President Robin Ferree said the denial wouldn't stop the case, and the firm was waiting for a court date to be scheduled.

"The denial has no practical impact," Ferree said in a phone interview Tuesday. "The actions of the three commissioners who voted for the amendment is still unethical and illegal. We will continue to abide by the law."

In the filing, Bowman attorney Ian P. Bartman of Frederick-based Offit Kurman Attorneys at Law said the commissioners' 3-2 vote Nov. 29 approving a zoning ordinance amendment instituting the ban and controls was "illegally ratified" as the commissioners violated state and local laws, as well as its "own written procedures for consideration of zoning text amendments."

Specifically, the Washington County Planning Commission should have held a public hearing and issued a recommendation on the zoning change before the commissioners voted, according to the suit. Not only was that not done, but members of the planning commission on Nov. 19 sent a letter to the commissioners asking them to follow proper procedure.

The Nov. 29 vote approved a text change to the county's zoning ordinance that would no longer allow truck stops as a special exception use in Highway Interchange zones, and would require new warehouses larger than 1 million square feet to get special exception approval from the Board of Zoning Appeals.

Now former commissioners Terry Baker and Charles Burkett joined Commissioner Wayne Keefer in voting for the amendment. Commissioners Jeff Cline and Randall Wagner voted against it.

Baker was elected to the Maryland House of Delegates in November; Burkett lost in the July primary election.

Bowman truck stop project spurred vote

The Nov. 29 vote was sparked by a Bowman-Spielman and Bowman Group application to the Washington County Board of Zoning Appeals for a special exception to build a combination truck stop and Sheetz convenience store. It would be built on property Bowman officials own at Spielman and Lappans roads near I-81 in the Williamsport area.

The zoning board was scheduled to hold a hearing June 8 to consider the special exception for Bowman officials.

However, according to William Erskine, who also is an attorney with Offit Kurman, on June 7, the commissioners, without proper notice, held a public meeting in which testimony was taken from several people opposed to the truck stop project.

More background:Bowman sues Washington County commissioners over truck stop ban

In the complaint, Erskine says the testimony at the June 7 meeting was taken to garner support from the commissioners for a letter opposing the project. The letter was to be sent to the Board of Zoning Appeals requesting that the zoning board deny Bowman officials their petition for the special exception.

The letter was prepared by Baker, who gave it to Keefer before the June 7 commission meeting, according to Erskine's complaint. During the meeting, Baker, Keefer and Burkett voted to send the letter, in what Erskine referred to as "unprecedented interference" of the zoning board.

Despite the letter, the zoning board the next day approved the special exception for the truck stop plan.

On Aug. 17, opponents of the project filed a petition in Washington County Circuit Court asking for a review of the zoning board decision. It's still pending.

What does Judge Finan say in his order?

Bowman's application for the preliminary injunction states that "(i)f injunctive relief is not granted … (Bowman) will have lost time, money, business opportunity and property rights that will be wrongfully taken from them as a result of the illegal legislative acts of (the commissioners)."

In his order, Finan asked the county clerk of courts to schedule a hearing on Bowman's request for a preliminary injunction, and a trial on Bowman's request to overturn the Nov. 29 decision.

"(G)iven the lack of immediate and irreparable harm to Bowman Group's ongoing plan for a Sheetz convenience store and truckers rest stop, (Bowman's) concerns can be adequately addressed with" a regularly scheduled hearing, Finan wrote in the order.

This article originally appeared on The Herald-Mail: Judge denies Bowman request to halt truck stop ban, requests hearing