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On Sept. 24, a judge entered a decision granting motions to dismiss our suit against Montgomery County and the State of Maryland for their decisions to allow conditional approval of a water/sewer category change for the Doherty property in Olney. The judge's grounds for dismissal were that: "The complaint fails to state or allege a violation of Maryland law." As our complaint specifically states at least three distinct violations of state law, we filed an immediate appeal with the Maryland Court of Special Appeals.

As the developer seems intent on seeking development approvals pending the appeal, we will continue to challenge this development at every phase. The 2005 Olney Master Plan expressly recommends against extension of public sewer to the Doherty property, and without sewer the development cannot proceed. While we believe the County Council's decision on the water/sewer category change was patently illegal in its implementation, the council's conditional decision instructs the Planning Board to allow the development to proceed only if the development conforms to the Olney Master Plan. The proposed development does not (and cannot) conform to the letter or intent of the Olney Master Plan.

In a required community meeting, held Oct. 27, the developer unveiled the latest version of their proposed development. They now propose a large two-story complex consisting of 45,000-plus square feet, seating for over 800, 225 parking spaces and 18 percent impervious space. Such a massive development requires public water and sewer. In order to install the needed piping and accommodate the immense increase in traffic such a development would bring, the narrow road (which in most places isn't wide enough for two cars to pass each other) would have to be widened substantially. This will require destruction of old growth trees and ravage the environment. This small, semi-rural community of three short roads has no access to Georgia Avenue other than Emory Church Road. The proposed development would disrupt this community on a daily basis and create a safety hazard for those living here, in particular for the many retired and elderly residents.

There are those who say, "There's nothing you can do" and "Figure out what you can ultimately live with." But when something is wrong, it is wrong. Trying to negotiate with those who want to destroy our community, who dismiss and deny our concerns, who refuse to entertain other options (even when better locations for such a development exists) — merely makes us a complicit party to our neighborhood's demise. As such, we refuse to "nibble around the edges" of this unsuitable project by attempting to shave a few feet here and save a few trees there. This development is wrong and we will continue to fight.

David M. Reile, Olney