FIRST COURT RULING

The case to appeal the DAF tank permit suffered a small setback in Wicomico Circuit Court on September 11, 2020. The petitioners complained that they, and nearby property owners, were not given a chance to appeal the building permit issued to the owner of the DAF tank since the permit application was not publicized and no public hearing was held. Once an attempt to appeal was brought forth the window of 30 days was closed.

The Court declared its limitation to reviewing an administrative agency's decision and cited the Wicomico County Code, Section 225-154(b) "Time for Appeal - A written notice of appeal shall be submitted to the Department of Planning, Zoning and Community Development within thirty (30) days of the officer's decision." The conclusion of the court was "The Board's decision to deny the appeal as untimely is therefore affirmed."

It might seem that this is a circular argument since one cannot appeal a decision without knowledge of it. The good news is that the judge did not introduce anything which could hurt further legal action action down the road. At this time, further legal action is being discussed by the parties involved. Stay tuned. 

In the meanwhile, here is another aerial view of the DAF tank taken recently. The photographer told us that in the process of taking the photograph that the stink of the DAF was so overpowering that they almost vomited.