Appeals court upholds dismissal of suit over landfill contamination

December 10, 1997|By Edward Lee | Edward Lee,SUN STAFF

The Maryland Court of Special Appeals affirmed yesterday a 1996 decision by the Howard County Circuit Court dismissing a suit filed by a couple who contend that contamination at the county's Alpha Ridge Landfill has destroyed the value of their land.

Clyde and Shirley Pendleton filed the suit in October 1993, asking for more than $2.6 million in damages from the county for the diminished value of 156 acres they own next to the landfill in Marriottsville.

But Circuit Judge Raymond J. Kane Jr. dismissed the suit in May 1996 because Clyde Pendleton's half-brother, Marion Harless, who shared ownership of the property in the 12900 block of Frederick Road in West Friendship, was not a plaintiff and did not waive his right to sue.

Through his lawyer, Harless had declined to join the suit, noting that the Pendleton couple had already begun litigation.

But Special Appeals Judges Raymond G. Thieme Jr. and James R. Eyler ruled that Harless did not waive his right to sue, thus allowing the Circuit Court to dismiss the suit.

Pub Date: 12/10/97

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