Rubble fill appealed again
Feb. 6, 2003
-- Scott M. Lowe Jr.




The Maryland Court of Special Appeals could try a three-year-old battle over a proposed Brandywine rubble fill for a second time.

The appeals court originally ruled in November that the County Council's decision to deny the project was inadequate and needed to be resubmitted.

The case -- Brandywine Sand & Gravel Co. v. County Council of Prince George's County, sitting as the District Council--involves a group of residents trying to prevent a proposed rubble fill from being built in Brandywine.

G. Macy Nelson, representing the citizen protestants in the case, is appealing the decision for the second time.

"We'll win the appeal because the law and facts are on our side," Nelson said. "There's overwhelming evidence, which the council earlier accepted."

Nelson said a status conference is scheduled with the judge for Feb. 14 to discuss whether the dispute could be settled, how to narrow the issue and whether the case belongs in the appeals court.

Brandywine Sand & Gravel, the applicant that would build the rubble fill, declined to comment. Larry Taub, representing the applicant, could not be reached.

The Greater Baden-Aquasco Citizen's Association (GBACA) has been the organization standing in the way of the development. Reasons why the association is fighting the proposal include dust, pollution, increased truck traffic, noise and water quality.