The Chesapeake Bay Foundation and several Baltimore County residents have filed a lawsuit against developers of a 53-acre property in Middle River, previously home to an aircraft plant, alleging they are violating sediment and erosion control rules and operating without an adequate stormwater management plan.

The lawsuit filed March 20 in Baltimore County Circuit Court against developers Eastern Boulevard, an affiliate of Reich Brothers, and TKG III Middle River, argues that inadequate sediment and erosion controls at the former Martin Aircraft plant in Middle River could harm nearby communities and waterways.

Residents of the adjacent trailer parks and neighborhoods are seeking relief against these violations as they raise concerns for environmental health, public safety, environmental justice, stormwater management and potential release of hazardous materials, according to court documents.

About 30% of the nearby community is below the federal poverty line and has been disproportionately impacted by environmental hazards due to the industrial history of the area, according to the Chesapeake Bay Foundation.

“Progress shouldn’t require destroying something to make it better,” Paul Treash, a plaintiff in the complaint and Middle River resident of 20 years, said in a statement. “The pollution and runoff this development has caused, and lack of oversight and transparency, needs a solution for the sake of our community, our environment, and our wildlife.”

Officials with Eastern Boulevard LLC and TKG III Middle River LLC could not immediately be reached for comment.

A 205,000-square-foot Walmart is planned for that property and redevelopment efforts have been in the works for decades, according to Baltimore County Councilman David Marks. He said this isn’t the first issue the property has had.

“There have been some complaints over the past three years that we have reported to the county, but no one from the Chesapeake Bay Foundation has ever bothered to reach out to us,” Marks told The Sun. “The complaints were mainly due to dust, and we referred them to the county environmental department for review.”

Officials with the Baltimore County Department of Environmental Protection and Sustainability could not be reached for comment.

During World War II, the Middle River Depot property was a B-26 bomber production site. The former Navy Reserve Industrial Aircraft Plant reported the use of polyfluoroalkyl substances, or PFAS, on the site throughout the 1950s and ’60s.

Martin Aircraft produced the B-26 Marauder bomber at the plant during World War II, employing as many as 50,000 people in the plant.

“This site has a long history of toxic uses, yet there is no evidence based on the approvals the developer has received thus far that potential contamination has even been considered,” Kathleen Gagnon, CBF litigation fellow, said in a statement. “Given the close proximity to residents and tributaries of the Chesapeake Bay, this project should not move forward without appropriate controls and relief for nearby communities.”

Various developers have bought and sold the property in recent years. Proposals for the space have included office buildings, a sports complex called “Aviation Station” and a Walmart Supercenter, which was opposed by local residents in 2017.

In 2024, Baltimore County issued a grading permit for the project, and shortly after the Maryland Department of the Environment authorized a general permit for the project’s sediment and erosion control for polluted runoff that could run off the site into Middle River and its tributaries when it rains.

The Chesapeake Bay Foundation and residents fear that these approvals do not adequately protect communities, rivers and streams from toxic pollution.

Officials with the Chesapeake Bay Foundation said portions of the property lie within a Critical Area Buffer and a 100-year floodplain, both of which should require additional development provisions that have yet to be considered. The site is located within hundreds of feet from Frog Mortar Creek, a tributary to the Middle River which flows into the Chesapeake Bay.

The plaintiffs are seeking a declaratory judgment and injunctive relief from the developers to address their concerns. They say that allowing the development to continue in violation of local and state laws and regulations sets a dangerous precedent for water quality and the Critical Area Program.

“The ongoing grading of this property that is disturbing an area of more than 1 million square of earth is of particular concern given the nearby proximity of the tributaries of the Bay,” said Stuart Kaplow, an attorney for residents. “Without adequate sediment and erosion control, the grading is having an adverse impact including deleterious effects on water quality.”

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