A decision maybe coming soon in the controversy over Home Depot on Chantilly Parkway and whether it's in Montgomery or the Town of Pike Road. That retail outlet had become the center of controversy between the two towns because sales tax revenue from Home Depot could run in the hundreds of thousands if not millions of dollars. No wonder both towns want it and no wonder the issue is in court.
Tuesday, Circuit Judge William Shashy heard arguments on both sides. You may remember, the Montgomery County Commission approved a measure about four months ago that deeded a road in the county to the Town of Pike Road. That road was needed to make it legal for the Town of Pike Road to start collecting taxes from Home Depot. The county and the city of Montgomery, however, are claiming that move was not legal. So, the two sides were in court to today to let the judge decide.
Right next to the Home Depot on Chantilly Parkway is the old Ryan Road. It's a road the Town of Pike Road needs to claim the retailer. However, in order to claim it the store's property must be contiguous or connected to the Town of Pike Road property. But, to do that Pike Road needed to own the old Ryan Road to help connect it to the store. But Tuesday in court, city and county attorneys argued Montgomery County never owned Ryan Road in the first place to give it to the Town of Pike Road, but Pike Road's attorneys say the county did own it.
The judge told the attorneys to bring him some legal cases that were decided on the issues in this case. The attorneys said they couldn't find any but said they will go and look again. That's why one of the attorneys said this case is unique because it will be deciding some issues that haven't been resolved before.
The attorneys say they are hoping for a decision in about a month but they also say it could take 12 months.