Washington Grove wins nod in taking land for open space

Town wants control of protecting a 12-acre parcel from development

Town officials pursued the condemnation on the grounds that doing so served a public purpose. The plot is widely viewed as a buffer to preserve the town’s natural character, Mayor John Compton said.

Toll Brothers owns the 12 acres near Amity Drive as part of a larger 53-acre parcel, which is planned for development. In April, Toll Brothers dedicated the 12 acres the Maryland National Capital Park and Planning Commission, which expects to designate the land as open space, according to Valerie Berton, a commission spokeswoman.

Though Washington Grove and the commission both have stated they do not want development on the site, Compton said the town became concerned about two years ago when the Montgomery County Council considered using the site for a new school.

Ultimately, the council decided against the school plan, but the fear remains that the commission’s open space designation could be repealed for another purpose later and that Washington Grove would not have legal grounds to fight it, Compton said.

‘‘The bottom line is — we are advised that the town is in a better position to protect that land use than either [the commission] or the county,” he said.

But the commission is legally bound once a site is designated as part of its Legacy Open Space program and has no intention of selling it, Berton said.

Circuit Court Judge Marielsa A. Bernard ruled Sept. 6 that Washington Grove has legal authority to condemn the property, saying the town meets the statutory requirements to do so.

The next step is a trial to determine the per-acre cost of the land so that the town can purchase it, Compton said.

However, Berton said the commission plans to request a clarification of the ruling and an extension of the condemnation.

‘‘The reason we asked the judge for clarification is because we find it complex,” Berton said of the situation. ‘‘We have an interest in the property and the Town of Washington Grove does not own it and we’re trying to understand where the judge’s going with it.”

Neither the attorney for Washington Grove or Toll Brothers representatives would comment, citing the ongoing nature of the case.

Preliminary plans show that Toll Brothers wants to build 62 homes on its 53-acres outside Washington Grove, Berton said.