Public Interest Group Ordered To Pay $110,000 In Costs For Unreasonable Conduct

The OMB dismissed a public interest group's appeal and ordered the group to pay the proponent $110,000 in costs. The OMB called the public interest group's conduct frivolous and unreasonable.

In November 2012, North Dumfries Township granted Preston Sand and Gravel's application to rezone its property for a gravel pit. The Concerned Residents Association of North Dumfries (CRAND), an eight-member public interest group, appealed the Township's decision to the OMB. CRAND claimed that the gravel pit would generate dust that would cause air pollution and would pose a substantial risk to human health. Following the OMB's dismissal of CRAND's appeal, Preston Sand brought a motion for costs against CRAND. Preston Sand sought $240,000 for reimbursement of the costs it incurred for experts and lawyers.