"Judge says legal challenge to Greensboro, N.C., FedEx hub project can proceed"

Friday, July 2, 2004

Judge says legal challenge to Greensboro, N.C., FedEx hub project can
proceed
The High Point (NC) Enterprise, N.C.


A state administrative law judge ruled Thursday that a legal challenge
to the FedEx Corp. cargo hub project can continue.

Administrative Law Judge Beecher Gray of Raleigh said a hearing should
take place on a challenge to part of a state water-quality permit issued
for the project last fall. The Piedmont Triad Airport Authority had
asked Gray to issue a summary judgment and dismiss the matter. Instead,
Gray said that a hearing should be held on stormwater issues related to
the permit granted by the N.C. Department of Environment and Natural
Resources.

No hearing date has been set, though.

The permit issued to the airport authority still stands and work
continues on FedEx's planned fifth national cargo hub and related
expansion at Piedmont Triad International Airport.

In May, Gray dismissed all the specific claims brought by the opponents
except ones over the possible impact of the hub project on stormwater
control measures. Attorney David Clark of Greensboro, who represents the
hub opponents, said Thursday he was pleased that Gray at least proceeded
with a hearing on the stormwater issues. The hub opponents, as part of
their six-year effort to scuttle the project, argue that the development
will degrade water quality.

"This is a limited ruling which simply calls for a hearing on the issue
of stormwater management," said Bill Cooke, attorney for the authority.
"Summary judgment has been granted in favor of the authority on all
other issues in the case. We respect Judge Gray's decision and look
forward to the hearing." The hub opponents have exhausted their
challenges in federal court to the project, but continue to challenge
the water-quality permit and a water-quality variance granted by
separate state agencies. Crews are doing initial site work on the more
than 1,000-acre project site. The work includes grading land for the hub
itself and to relocate portions of roads, such as Old Oak Ridge Road and
Bryan Boulevard, to make way for the development.

The lease between FedEx and the airport authority stipulates that the
hub open no later than the middle of 2009. FedEx has pledged to create
1,500 full- and part-time jobs when the mid-Atlantic hub is fully
operational.


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