Queen Anne's County Circuit Court Judge John W. Sause Jr. issued a writ of mandamus April 30 ordering the county sanitary commission to grant the allocation request by Petrie Dierman Kughn for 44,972 gallons per day of sewage treatment capacity and 28,202 gpd of water treatment capacity. The commissioners also serve as the sanitary commission.

The public water and sewer service would be provided by the Queen Anne's County Sanitary District, which operates the Kent Narrows Stevensville Grasonville (KNSG) wastewater treatment plant, located on Kent Island, and several public water systems.

O'Donnell said he and commissioners John McQueeney and Marlene Davis made the decision to appeal Sause's ruling Tuesday afternoon, prior to a closed meeting the commissioners had on another matter. During their weekly business meeting Tuesday morning, the commissioners voted to grant the sewer and water allocation for Kent Island Commons, saying they had to abide by Sause's order.

PDK, of McLean, Va., has proposed a development on 28 acres near the Bay Bridge Marina, U.S. Route 50, Route 8 and Pier One Road. Kent Island Commons would include a Wal-Mart superstore, a hotel and conference center, and restaurants and offices. Last October, Wal-Mart Stores East Inc. bought about 25 acres of the 28-acre site from PVD Limited Partnership of Woodbridge, Va., for about $4.8 million.