On August 5, plaintiff Susan Miller appeared in the 22nd Circuit Court, supported by
LANA, to argue for two temporary injunctions against Toll Brothers. The judge, Julia Owdziej,
declined one temporary injunction but granted a temporary injunction to prevent Toll Brothers
from building across Susan Miller’s contested easement.
LANA also learned that the State has paused action on the Part 41 permits for
wastewater treatment plant design that Toll needs in order to begin building. The pause follows
LANA’s challenge to two permits the State already granted to Toll. These permits (called NPDES
permits) grant Toll permission to pollute waterways with discharge from sewage treatment
plants. The challenges are to be heard by an Administrative Law Judge. We are told that the
process will take at least a year and will significantly slow Toll’s building plans.
LANA has also informed the State that we believe we have the right to contest the
wetlands and watercourse degradation permits granted to Toll Brothers. We are waiting for a
response from the State.
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