Judge Dismisses Mossburg Suit Against County

mh/mossburg.pr 96-265 Contact: Charles Frederick, 301-217-2600

JUDGE DISMISSES MOSSBURG
SUIT AGAINST COUNTY For 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 of combustible 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
-more-

COUNTY NOT LIABLE IN MOSSBURG SUIT 2-2-2-2

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.
# # #

Return to Montgomery County Press Releases Page.