A dispute over pollution concerns from construction work at the site of a World War II-era manufacturing plant in eastern Baltimore County fizzled quickly.
Environmentalists and Middle River residents took developers to court a month ago, alleging that grading on the 53-acre site was sending pollution into some waterways leading to the Chesapeake Bay. Plaintiffs argued the work might have stirred up long-buried chemicals from the site’s industrial past.
But this week, attorneys for the Chesapeake Bay Foundation and a group of residents near the development, known as Aviation Station, withdrew their claims in Baltimore County Circuit Court.
The developer celebrated the withdrawal as proof that the suit was baseless, but attorneys who filed the suit cited recent steps by state and county environmental regulators to address sediment concerns on the site.
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New York-based Reich Brothers bought the old Martin Aircraft site in Middle River, eyed by developers for years, for $52.5 million in 2021. They’re pursuing plans to turn the old plant into a logistics hub and convert other parts into a mix of industrial, office and retail space, including a Walmart Supercenter.
Though the suit raised questions about the stringency of Aviation Station’s state and county permits, it targeted the developers: Eastern Boulevard, a Reich Brothers affiliate, and Missouri-based TKG III Middle River.
Stuart Kaplow, an attorney representing community members in the case, declined to comment on the suit’s withdrawal, but he shared a “stop work order” that the county issued in response to sediment control issues discovered after the lawsuit was filed.
Paul Smail, the foundation’s vice president for litigation, said Maryland Department of the Environment regulators got involved after the suit was filed and developers then took steps to improve their operation. They include using seed and straw to stabilize disturbed areas and installing a sediment pond, Smail said.
“For now, those actions address our concerns about pollution entering Frog Mortar Creek, Middle River, and the Chesapeake Bay,“ Smail said. ”We’ll remain vigilant and continue working to prevent polluted runoff from large developments.
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Since acquiring the property in 2021, Reich Brothers has invested more than $100 million in planning and site development, traffic mitigation and revitalization efforts for the surrounding community, a spokesperson for the developer said.
“It’s unfortunate that the plaintiffs put forth a lawsuit with unfounded allegations without conducting appropriate due diligence. We are pleased the parties have now seen the facts at hand,” the developer said in a statement.
Although the developers received permits from Maryland and Baltimore County regulators, the plaintiffs said county permit applications ignored legal requirements for a plan to manage stormwater, while the developer failed to institute proper controls against erosion and sediment runoff.
Baltimore County spokeswoman Erica Palmisano said last month that county inspectors had not issued any violations against the developers and had found only “minor infractions that were corrected immediately.”
The lawsuit prompted state and county inspectors to visit the site in early April. Officials didn’t observe any sediment pollution during their visit, but MDE did issue a violation over failure to complete a stormwater drainage structure, an inspection report shows.
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Palmisano confirmed that Baltimore County then ordered the developer to stop construction work April 8. The order barred any site work until certain sediment controls and other construction requirements were complete.
Records indicate that Reich Brothers began taking steps to address the county’s concerns.
The developer’s spokesperson said crews discovered an unexpected Baltimore Gas & Electric conduit that impeded work on the drainage pipe, causing a delay on that step as it coordinated with the utility company. Work on the drainage pipe is ongoing, the developer said.
First established in 1929 by the Glenn L. Martin Company, a predecessor to the aerospace giant Lockheed Martin, the site, which then included the airfield, employed some 50,000 factory workers at its height in World War II. Used to build B-26 Marauder bombers, a U.S. military workhorse during World War II, the former manufacturing site has historically been laden with metals and harmful chemicals.
Community members behind the complaint included residents of a nearby mobile home park, and their suit argued that nearby residents have been disproportionally affected for decades by the site’s contamination.
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The suit’s withdrawal comes after the Bay Foundation stood by its decision to sue in statements to The Banner earlier this month. The advocacy group said in emails that it joined the lawsuit after it was approached by Kaplow about community concerns.
“A lack of documented violations does not mean a lack of pollution,” Smail said in an April 9 statement. “We evaluate every viable way to tackle issues like polluted runoff, and this case fit the bill. We hope it will help improve the health of Middle River and surrounding communities.”
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