Brandywine residents win battle to keep rubble fill out of town
Civic association members cited heavy truck traffic, noise concerns
After nearly 10 years and more than $200,000 in court costs, Brandywine residents have won their battle against the construction of a nearby rubble fill.
"It's a great relief," said Virginia Stallings, vice president of the Greater Baden-Aquasco Civic Association, which has been fighting to block a possible rubble fill at the intersection of Routes 381 and 382 in Brandywine, near St. Thomas Church and William Schmidt Environmental Education Center.
Civic association members had been protesting the rubble fill proposed by the Brandywine Sand and Gravel Co. since 2000, citing heavy truck traffic, noise concerns and proximity to a historic church and an environmental center. A rubble fill is similar to a landfill but accepts only discarded construction materials, such as wood, concrete, brick and asphalt.
After a November decision by the Maryland Court of Special Appeals, Brandywine Sand and Gravel Co. failed to appeal or petition the decision within the allowed window of time.
The company's attorney, John P. Davey, declined to comment Wednesday.
"The case is done," said G. Macy Nelson of Towson, the civic association's attorney.
It was a long road for residents. The Prince George's District Council unanimously voted against the rubble fill 6-0, in 2001. Brandywine Sand and Gravel then appealed to the Prince George's County Circuit Court, which ruled in November 2002 that the council had not provided enough evidence for a decision.
The county then appealed to the Maryland Court of Special Appeals, and the case was ultimately sent back to the council.
In 2006, Brandywine Sand and Gravel was again denied by the council, which said additional dump trucks would create traffic hazards and dangerous driving for school buses that pick up students throughout the area.
"What I learned from this case is the rural tier in Prince George's County is some of the most beautiful land in Maryland," Nelson said. "I'm proud of my clients for sticking through it."
Civic association member Cliff Jenkins, who owns property next to the proposed rubble field, said most members were adamant in their decision to protest the rubble fill.
"We have a good core of community members," Jenkins said, adding that many people pitched in to donate money of organize fundraisers.
Jenkins remembers compiling old town photos a few years ago and making a calendar to sell to community members for $10, just a drop in the bucket compared to their mounting court fees at the time.
The association has spent more than $200,000 in court fees over the last decade. Stallings said members paid for their legal battle with donated money, fundraisers, yard sales, chicken dinners and annual member fees.
E-mail Megan McKeever at mmckeever@gazette.net.