The debate over a proposed 24 hour Denny’s in Perry Hall is turning into more than a Not-In-My-Back-Yard issue.

In addition to the threat of a lawsuit, critics warn it also could reignite a tradition of political favoritism on the Baltimore County Council.

On the surface, it appears pretty straightforward. People like Daniel Williams who live close to The Shops at Perry Hall don’t want a 24-hour Denny’s built there.

“This will absolutely cause late night, early morning commotion well above a tolerance for livability in the surrounding area,” Williams told the council at a hearing Tuesday.

Republican Councilman David Marks, who represents Perry Hall, has crafted legislation that would force the Denny’s to shut down between 10 p.m. and 5 a.m.

Current zoning allows all night hours.

Paul Mazza, the president of Rommel Companies which would run the restaurant, said they’ve already spent tens of thousands of dollars prepping to build it.

“We’ve paid for design, engineering, architecture and plan to start construction of the building as soon as possible,” Mazza told the council.

And therein lies the rub. Who should win the day? The neighbors who don’t want to live near a 24-hour restaurant or a developer who currently has every legal right to build it?

During Tuesday’s public hearing, Councilman Marks asked David Altfeld, the co-owner of The Shops at Perry Hall, “Do you feel any sympathy for the people who have testified here? I mean even an iota of sympathy for what they’re saying?”

Altfeld replied, “I feel like we were back stabbed, truthfully. They feel backstabbed by us but we already had an approved plan.”

Baltimore County Executive Kathy Klausmeier’s administration sent the council a letter warning that Marks’ legislation would discourage businesses from building future projects in the county.

“It is unfair that a business can invest in this county, proceed through the development process, and do everything by the book, only for the rules to change when they’re applying for building permits,” Brad Kroner, Klausmeier’s deputy director of government affairs, told the council.

Kroner said the county also could get sued because the legislation appears to be targeting one specific project. In an interview Wednesday, Marks took issue with that.

“It’s not just one property,” Marks said. “Any legislation would cover a broad area within Northeastern Baltimore County.”

At Tuesday’s hearing, the council was advised to not bow to councilmanic courtesy. That’s when council members defer to the councilman whose district is impacted by a project.

Businessman Robert Latshaw described it as a you-scratch-my-back-I’ll-scratch-yours arrangement among council members.

“Somewhere it’s got to stop,” Latshaw said. “And we’ve got to do what’s good for the county, not just for your fellow council person.”

Nick Stewart, a long time critic of councilmanic courtesy and a co-founder of the good government group We The People-Baltimore County said in an interview, “The law requires each of our council members to make a decision about the matter before them. Not to just throw away their vote based off of what one person wants because they know in the future they’ll get the same beneficial treatment.”

Marks sees it differently.

“The council member who represents a community is best attuned to the needs of that community,” Marks said. “These are the people who elected the council member and the other members of the council should give a lot of deference to that person.”

Councilman Izzy Patoka is undecided how he is going to vote on Denny’s, saying it’s a tough call.

Patoka said, “We want to implement good government and make it fair to businesses but we also want to make sure that communities have their say and that communities are not compromised in any way.”

But Councilman Julian Jones, who along with Patoka and Stewart is running for county executive, said he currently can’t support Marks’ legislation, adding sometimes you have to break from councilmanic courtesy.

Besides, Jones said, Denny’s isn’t so bad.

“You can’t get more wholesome than a Denny’s,” Jones said. “They don’t even sell alcohol.”

Jones is hoping a compromise between the developer and the neighbors can be reached before the vote, which is scheduled for Monday.

Marks said he is looking for areas of compromise, and may amend his legislation before Monday’s vote.