Perry Hall is going to get its 24-hour Denny’s.

In a debate that pitted neighbors who didn’t want it against the developer who said he had every legal right to build it, the Baltimore County Council Monday night greenlighted the restaurant’s overnight hours.

At a previous hearing, the developer said he has spent tens of thousands of dollars to get ready to build the 24-hour Denny’s which Councilman Julian Jones said should be allowed.

“We make the laws,” Jones said. “Once we make them they should matter.”

But Councilman David Marks, who represents Perry Hall, said council members are there to look out for people living in their districts. His proposed legislation would have kept Denny’s from being open all night.

“Each of us put in legislation designed to solve problems and help our constituents,” Mark said.

Marks offered a couple of amendments to try to make his legislation more palatable, to no avail. They included letting the Denny’s and other similar restaurants in the Honeygo area of Perry Hall remain open until 11 pm. Under the original legislation, they would have had to close at 10 pm.

The defeat of Marks’ legislation was a rare break from councilmanic courtesy. That’s when council members defer to the councilman whose district is impacted by a project. Critics of the courtesy say it creates fiefdoms in council members’ districts rather than the council looking at the county’s big picture.

But council members counter that it serves a purpose because they know the issues in their districts best.

County Executive Kathy Klausmeier had warned that killing the 24 hour Denny’s could make developers wary about investing anywhere in Baltimore County.

After Marks’ legislation was defeated, the possibility was raised that new legislation could be introduced to make the developer put in landscaping to shield the neighborhood from the restaurant.

“I’m talking about big trees,” said Councilman Izzy Patoka. “Big ones. Big vegetation.”