Jan. 24—OAKLAND — The Maryland Department of Natural Resources cannot stop opponents of the Swallow Falls bridge replacement plan from making their case in court.

Garrett County Circuit Court visiting Judge W. Timothy Finan made that ruling Monday when he denied DNR’s motion to dismiss a petition that involves the state-protected Youghiogheny River corridor.

The petition — filed in September by Steve Storck, who owns property in the Wild Yough scenic corridor, the Old Growth Forest Network and Yough Farms LLC — asked the court to remove an exception, granted by DNR Secretary Josh Kurtz, to the river’s environmental protections.

The exception would allow Garrett County to construct a new bridge on an offset alignment of the existing Swallow Falls span.

“(Finan’s) order means that the court recognizes that these petitioners have standing to challenge the DNR’s decision, and that the court has the power to review it,” the petitioners’ attorney J. Dirk Schwenk of Baylaw, LLC said via email Tuesday.

“These are key early decisions,” he said and added the court ruling means “we will have the chance to show why the exception should not have been granted.”

The petitioners’ objections to the exception include that an offset alignment for a new bridge would require significant clearing, grading and loss of trees and habitat immediately adjacent to and on both sides of the Youghiogheny River.

That part of the river, between Millers Run and the southern corporate limits of Friendsville, is designated wild and subject to a management plan and regulations concerning use and development.

“Damming, dredging, filling, channelization, or other alteration of the river or its banks is prohibited except that involving the repair of existing bridges,” the petition stated.

In October, Garrett County joined DNR’s motion to dismiss the petition.

“The petition fails to state a claim under which relief can be granted, and it should be dismissed,” the motion stated. “The Scenic and Wild Rivers Act does not provide for judicial review; (DNR’s) decision is not quasi-judicial and the petitioners lack standing for the purposes of the administrative mandamus claims; the petition does not meet the requirements of the Maryland Uniform Declaratory Judgments Act, the Environmental Standing Act notice requirements were not complied with, and the decision was a purely discretionary act.”

Earlier this month, the parties appeared before Finan to argue DNR’s motion to dismiss.

According to Monday’s brief order, Finan denied the motion “for the reasons advanced by petitioner.”

Storck via email Tuesday said he attributes the court decision “to work well done by (Schwenk) in presenting our case and the weak position DNR has taken to defend the indefensible.”

In an email Tuesday, DNR Media Relations Manager Gregg Bortz said the department “appreciates the court’s time to consider this matter.”

DNR “will evaluate its options but is prepared to present its case at the upcoming hearing,” he said.

Finan is scheduled to preside over the issue April 2 and 3.

Teresa McMinn is a reporter for the Cumberland Times-News. She can be reached at 304-639-2371 or tmcminn@times-news.com.