Costco’s Gas Station Proposal Stalls in the Maryland Circuit Court

For the past six years, Costco has been attempting to secure the rights and permits to build a 16-pump gas station near its store in Wheaton, Maryland, adjacent to the Westfield Wheaton Mall. However, Costco’s proposed gas station would allegedly be built only 118 ft. from single-family residences. Community activists and even members of the Montgomery County Council continue to oppose to the proposed gas station.

Costco’s request for the rights to build the gas station continue to be denied based on its proximity to the single-family residences. Costco argued late last year in the Circuit Court for Montgomery County that Montgomery County was preempted by clean air regulations from blocking the gas station from being built. Recently, Costco lost their most recent Circuit Court argument. In ruling that Montgomery County’s Board of Appeals acted properly when it rejected Costco’s gas station bid, Judge Gary E. Bair stated that:

As is pellucid, these arguments of counsel contain no explicit mention of the doctrine of preemption. Although Petitioner contends that it nonetheless referenced the subject of such an argument, the Court finds this position unpersuasive. As such, the issue is not properly before this Court. In any event, even assuming arguendo the preemption argument is properly before the Court, in has no merit.

Now, Costco’s only remedy based on the current gas station proposal is to appeal the Circuit Court’s decision to the Maryland Court of Special Appeals in Annapolis. As of the date of this article, Costco has not filed a Notice of Appeal.

Longman & Van Grack’s litigation attorneys and appellate attorneys consists of lawyers who have not only handled matters in many different courts but also lawyers who have served as judicial law clerks on various courts. Our attorneys have filed petitions with the United States Supreme Court and also argued cases before the Maryland Court of Appeals, Maryland Court of Special Appeals, and DC Court of Appeals.  If you would like to discuss our assistance with a litigation matter or appeal, call Longman & Van Grack’s attorneys today at (301) 291-5027 to schedule a consultation in our Bethesda or Rockville, Maryland offices.  You can also reach the head of our Litigation and Appellate Practice, Adam Van Grack, directly at (301) 291-7156.