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On the Record

The Daily Record's law news blog

End of the road for pavement lawsuit?

The Oregon Grille's paved parking lot.(Maximilian Franz/ The Daily Record)

The Oregon Grille’s paved parking lot.(Maximilian Franz/ The Daily Record)

The unreported opinion from the Court of Special Appeals, issued May 9, is titled Falls Road Community Association v. Baltimore County, Maryland, et al. Innocent enough, right?

But start reading the opinion and it’s right there in the first paragraph: “…requiring it to remove a portion of the existing parking lot at the Oregon Grille Restaurant in Hunt Valley.”

That’s right, The Oregon Grille parking lot case is back! The battle over the pavement appeared in the appellate courts for the fourth time. Nearly two years ago, we wrote:

The Oregon Grille will keep the majority of its paved parking lot after a Baltimore County judge declined to order the asphalt be replaced with a permeable surface, potentially ending a six-year legal battle.

The community association appealed the ruling. Court of Special Appeals Judge Christopher B. Kehoe, writing for a unanimous panel, concluded the plaintiffs’ arguments “do not persuade us that the trial court abused its discretion in the way that it resolved the dispute between the parties.”

And then Kehoe, perhaps channeling his inner-Harrell, signed off with this:

Nonetheless, at its heart, this action is about, and has always been about, whether the Oregon Grille should have an asphalt or a crushed stone parking lot. The case has been actively litigated for nearly ten years—just about twice as long as it took the United States and its allies to defeat the Axis powers in the Second World War. At this point, all parties may legitimately withdraw from the field with honor.

No word yet if an appeal has been filed with the Court of Appeals.

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