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JUDGE DISMISSES MOSSBURG
SUIT AGAINST COUNTYFor Immediate Release:August 20, 1997
A Montgomery County Circuit Court judge recently dismissed a lawsuit filed by
attorneys for William H. Mossburg, Jr. against Montgomery County.On August 11, Circuit
Court Judge Rosalyn B. Bell dismissed all claims in the lawsuit filed by Mossburg and two of
his companies.In the suit, Mossburg alleged that the County was liable for entering property
owned by Mossburg (Travilah Recovery Industries, Corp. and Mossburg Farms, Inc.) and
removing -- without justification and authority -- materials, including solid waste, mulch and
other recyclables, which resulted in a loss of revenue for Mossburg and his companies.
The suit was filed in May 1996 and sought $8 million in damages.It stemmed from
the removal ofcombustible solid waste and mulch by the County workers during a massive
fire which was in progress at Mossburg's North Potomac illegal dump in October - December
1994.The County contended that it had full authority to enter the property and remove the
materials in an effort to protect the citizens of the County.
In its motion to dismiss, the County, represented by Joel Savits and William Nooter of
the firm Jordan Coyne & Savits as well as Assistant County Attorney Charles L. Frederick,
argued that Mossburg had failed to comply with the provisions of the State code requiring
parties wishing to sue local governments to provide proper notice of their claims within six
COUNTY NOT LIABLE IN MOSSBURG SUIT2-2-2-2
months of their "claimed injury."In addition, a further claim that Mossburg had labeled a
"Taxpayers' Suit," was separately dismissed in the Court's August 11 order.The County
successfully argued that Mr. Mossburg had no standing to bring such a claim.
This is the second favorable decision recently for the County in actions regarding
Mossburg.On June 4, the Court of Special Appeals of Maryland upheld the judgement in
favor of the County and against Mossburg and tow of his companies for more than $2.5
million, plus interest and penalties.
# # #
m/moss.prContact: David Weaver, 301-217-6530
COURT ISSUES CONSENT
ORDER IN MOSSBURG'S
SOUTHLAWN OPERATIONFor Immediate Release: January 17,1996
The District Court for Montgomery County today issued a consent order to
William Mossburg, Jr., requiring him to pay $100 as the civil penalty for
violation of County Code 48-9, which prohibits operation of a solid waste
acceptance facility without proper permits. The violation occurred at his
facility located at 15121 Southlawn Lane in Rockville.
The consent order is the result of an agreement reached between Mossburg
and the County in settling a series of 13 civil citations that Mossburg was
issued by County officials between August 29 and 31, 1995 for zoning and solid
"I think this is a fair settlement with Mr. Mossburg regarding this
particular issue," said County Attorney Charles Thompson. "He has taken the
proper steps to cleanup up his property on Southlawn and hopefully that will
continue to be the case.Now, we can concentrate on recovering money spent by
the County on cleaning up his property on Travilah Road, and other pending
issues regarding his future operations on Southlawn Lane."
In the terms of the consent order, issued by District Court Judge Edwin
Collier, Mossburg admits and the court finds him guilty of one violation of
operating an illegal solid waste acceptance facility on August 29.
As for the other 12 civil citations, the County agrees to
place them on the Stet docket (holding file) for a period of one year, after
which time they will be dropped provided no further code violations are found
at 15121 Southlawn Lane.
BA/mossbg.prContact: David Weaver, 301-217-6530 or
Chris Malone, 301-217-2600
COURT AWARDS COUNTY
$3 MILLION +
IN MOSSBURG CASEFor Immediate Release: August 20, 1996
Montgomery County's legal battle against William H. Mossburg, Jr. for
cleanup efforts associated with a 1994 fire at Travilah Recovery, Inc.,
resulted in victory today when Circuit Court Judge Roslyn Bell awarded the
County more than $3.3 million, including interest and penalties through August
The default judgment issued by Judge Bell stated that Mossburg is liable
to the County for "solid waste disposal charges" in a sum .in the amount of
$2,576,127, plus interest and penalties."A default judgment was handed down
on liability when Mossburg and his attorneys failed to provide the documents
and information that were necessary under the Rules of Court Procedure and
Court orders to be provided to County Attorneys.
The judge's ruling means that there will be no trial on damages or
County Executive Douglas M. Duncan said, "Mr. Mossburg, who for years
blatantly thumbed his nose at the Courts and the County taxpayers, is now
being ordered to pay for his irresponsible actions."
In late October 1994, a fire broke out at the Mossburg-owned property on
Travilah Road in North Potomac.County fire and rescue officials intervened
in helping to extinguish the fire in a pile of mixed solid waste.At the
COURT AWARDS COUNTY .MOSSBURG2-2-2-2
time, the County asked Mossburg to remove a minimum of 400 cubic yards of
solid waste each day.
Mossburg failed to comply with the order and requested the County's help
in removing the debris, consisting of wood chips and shredded pallets. The
County agreed, but informed Mossburg that he would be billed for solid waste
During the fire, which burned until mid-December, the County removed
more than 41,500 tons of solid waste and 3,800 tons of solid waste yard trim
from the property.The County then billed Mossburg for removal and disposal
of the solid waste at $59 per ton, for a total of $2,450,034 and of the yard
trim at $33 per ton, for a total of $126,093.
Currently, the County also has three pending cases related to personal
proerty taxes owed by Mossburg.
mh/mossburg.pr 97-288Contact:Chris Malone, 301-217-2600
HIGH COURT SAYS
MOSSBURG MUST PAYFor Immediate Release:September 16, 1997
Maryland's highest court, the Court of Appeals, has denied an appeal filed by attorneys
for William H. Mossburg, and has upheld the Court of Special Appeal ruling that Mossburg
and his companies must pay $2.5 million plus interest and penalties to the County for
operations conducted during a fire in October - December 1994 at Mossburg's illegal dump in
North Potomac.During the fire, the County removed and disposed of more than 45,000 tons
of solid waste due to the fire burning in illegally-stored construction debris.
"This is great news," said Duncan."Obviously, the Courts have recognized that
County taxpayers should not have to pay the costs of cleaning up this property.We will
certainly move forward now to collect all the money owed to the County."
In the decision, which was handed down on September 10 in Annapolis, Chief Judge
Robert M. Bell issued an order which says that the petition for a "writ of certiorari" to the
Court of Special Appeals be denied " .as there has been no showing that review by certiorari
is desirable and in the public interest."