Opponents of the dredging have asked the county Circuit Court to reverse the state's approval of the project. Approval was granted on Dec. 15, and dredging started as soon as all the paperwork was in hand.

By now, most of the dredging is complete, but opponents still want the approval rescinded, in hopes of blocking maintenance dredging down the road.

"We can't stop what's been done," acknowledged Eileen Powers, the lawyer for the dredging opponents. But, she added, "We are particularly concerned about the maintenance dredging. My clients are concerned about environmental impacts on the creek and that's long-term."

Charles Schaller, the lawyer who represents the residents doing the dredging, is confident that the approval will be upheld in court.

"My clients and I believe that the Board of Public Works rendered a sound decision based on the facts and the law. The board made a decision in the best interests of the state," he said.

This turn to the courts is the latest twist in a long-running saga over Fox Creek, a small tributary of the Severn River. Back in 2003, a group of neighbors organized as Fox Creek Associates applied to dredge near the mouth of the creek, which also is known as Old Place Creek.

While parts of the creek are deep, there are shallow shoals on either side of the narrow entrance to the creek. Dredging isn't normally allowed in areas shallower than 3 feet, unless certain conditions are met.

The Maryland Department of the Environment initially approved dredging, and then denied it. Ultimately the Board of Public Works - comprised of the governor, comptroller and treasurer - voted unanimously to approve dredging.

The board has final say over what happens in state waters, and believed that Fox Creek met one of the exceptions to allow dredging, namely, the exception for areas where there was active boating prior to the 1970s.

As the case wound its way through state government, neighbors on the creek became even more divided over whether the dredging would help or harm the creek.

Once approval was granted by the Board of Public Works in December, the dredging proponents put their contractor to work right away.

Though the work has been slowed by ice and frigid weather, it's about 85 percent complete, said Curt Fisher, one of those in favor of the dredging.

He's not too concerned about the court case; rather, he's frustrated. He said it's wasting valuable time and money.

"This is a nuisance suit and the real shame is in a recession, the state has to spend money to answer this complaint. It's sad," he said.

Fisher thinks the opponents have taken the matter to court to drive up the costs for the pro-dredging group. Powers, however, said her clients are motivated by concern for the environment.

"I think the evidence of significant environmental impacts from the dredging is overwhelming," she said.

Janet Clauson, who lives at the mouth of the creek and has been the most vocal dredging opponent, declined to comment. Her property has an eroding cliff face, which Fisher and others say is filling the creek with sediment.

Though Clauson is listed first on the legal papers, she said neighbor Margaret Martin is leading the case. In total, six residents and the South River Federation filed the complaint. Martin couldn't be reached Friday.

Erik Michelsen, director of the South River Federation, said his group got involved because they're worried the Fox Creek case could open the door to more dredging of shallow waters. The federation is only lending its name to the appeal and isn't paying any of the legal fees.

"Our concern is that it would be precedent-setting in a way that dredging on the tidal ponds - whether on the Severn or the South River - would open the door for dredging in other environmentally sensitive areas," Michelsen said.

Copyright © 2008 Capital Gazette Communications, Inc. , Annapolis, Md.