Conceding that the request was little more than symbolic, the Prince Georges County Council yesterday asked the Washington Suburban Sanitary Commission to revoke a water and sewer hookup granted the Marriott Corp. to build a Roy Rogers restaurant.
The permit was granted by the WSSC on June 22 two days after Marriott withdrew a request for a hookup it has submitted to the council - a request the council members said they would have denied as part of their attempt to curb the development of fast food restaurants in the county.
Although the council passed a bill earlier this year as part of this attempt requiring that all fast food restaurants receive special permission from the council for hookups, it was agreed yesterday that Marriott probably would win a court appeal if the WSSC revokes the hookup.
"With the likelihood we will lose this, out approval becomes a symbolic act," council member Parris N. Glendenning said. "We know that the community surrounding the development wants to see one last effort to block this fast food."
The motion to ask for revocation was passed 9 to 0.
The restaurant is scheduled to be built on the corner of East-West Highway and Kenilworth Avenue. County attorneys agreed yesterday that unless it could prove Marriott had done something wrong the county would stand little chance of winning in court.
Marriot attorney Alan Friedman said that since the state recently lifted an eight year sewer moratorium in the northern end of the county his company did not feel it needed council approval for a sewer hookup. Friedman said Marriott would go to court if the hookup is revoked.
County Executive Winfield M. Kelly Jr. said yesterday that WSSC's granting of the permit, "was a mistake. I think it's clear in the county's 10-year water and sewer plan that WSSC is not supposed to issue a permit for a commercial project without a recommendation from the council."
Kelly said he would "reluctantly" sign the letter asking for revocation, but his aide John McDonough called it, "a fruitless gesture."
Kelly said he would "reluctantly" sign the letter already lost two court cases along these lines and I don't like the idea of dragging the county through another one.
"I sympathize with the citizens who don't want to see this restaurant built, but I don't really think there's much we can do at this point."
Steven Prophelet, director or project planning for the WSSC, denied that any fault in granting the permit lay with the commission.
"If there was a mistake it was in our not being told that the county didn't want this project to come about," he said. "We knew about the resolution of fast foods but didn't know this was one of their targeted projects. To us it was just a routine hookup request and I saw no reason to disapprove it then or now."