Chevy Chase, Md. — A court fight over a fence along the Capital Crescent trail is now over. It started with a complaint about the fence which is on Capital Crescent trail property.
The complaint was filed by Wayne Phyillaier , he is with Purple Line NOW, a group which supports the proposed purple line. The light rail train would be built on the trail in Chevy Chase.
“The fence is standing almost exactly where the retaining wall would be for the purple line,” says Phyillaier.
The owner of the fence in question is the president of Friends of the Capital Crescent trail, Ajay Bhatt. An organization which opposes the proposed train.
He says he pulled a permit to replace the 50 year old fence and he is among many homeowners who have fences on what is technically trail property.
Bhatt received a $500 dollar fine from the county, a was told the fence must come down. He felt he was targeted because he is a part of an organization trying to stop the train which will link Bethesda to Silver Spring to New Carrollton.
“I felt that it wasn’t right that we were being asked to take our fence down, a fence that had been there for over 50 years,” Bhatt said.
He took the county to court this week and a judge in Montgomery County sided with him. That means the fence will stay.
Bhatt is happy with decision which has resulted in the fence costing more than $7,000 in construction costs.
Phyillaier says he is annoyed by the judges decision and alleges Bahtt’s “argument is basically that because his family has squatted on the land for so many years, he can take possession of it by adverse possession.” Phyillaier hopes the county takes the case to a higher court.
Bhatt maintains that he was simply replacing a 50 year old fence and hopes the battle over the new fence is over now.
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