Both sides in rubble fill case await decision
Feb. 5, 2004
Scott M. Lowe Jr.
Staff Writer

The Greater Baden-Aquasco Citizen's Association's (GBACA) four-year battle with Brandywine Sand & Gravel continues to drag through the courts with no apparent resolution to the matter.

The Maryland Court of Special Appeals in Annapolis is expected to make a decision in the near future on whether a rubble fill will move to Brandywine across from the William S. Schmidt Outdoor Education Center on Aquasco Road.

GBACA President Betty Garner said the proposed rubble fill, which would be built on an old gravel mine site, would increase dust, pollution, truck traffic, and noise, while decreasing water quality.

"We're against it because of the unsightly things it does to the community," she said. "Children coming to the environment center don't need to see that."

She added that the materials which usually go into a fill, including particle boards, roofing shingles and paint cans could contain asbestos and smell while decomposing.

The appeals court originally ruled in November 2002 that the County Council's decision to deny the project was inadequate and needed to be resubmitted. Since then attorneys for both sides have convened, argued, and filed briefs, with their most recent meeting being in December.

Larry Taub, the attorney representing Brandywine Sand & Gravel, said he was unsure when the appeal would be decided, and when the four-year-old case would finally see resolution.

"It depends on some decisions, and a lot of variables no one can tell at this point."

Virginia Stallings, a local resident and another GBACA member, said the association will soon be engaged in yet another fight: the proposed expansion of the Marlton subdivision, which she said would cut into some critical wetlands.

"We don't want that to happen, because it would certainly affect wildlife," Stallings said. "If you destroy the wetlands, you have no feeders going into the [Chesapeake] Bay."

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