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Hockessin Community News
  • Residents sue over Hercules Rd. development

  • Residents have filed a second suit over plans for a 160-unit subdivision on the former Hercules Golf Course, this time over concerns that contaminated dust from the project could leave the site during construction.


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  • Residents have filed a second suit over plans for a 160-unit subdivision on the former Hercules Golf Course, this time over concerns that contaminated dust from the project could leave the site during construction.
    Homeowners in Brandywine Spring Manor have filed for an injunction in Chancery Court that if granted, would stop Toll Brothers from beginning site work later this week.
    A prior suit was filed against New Castle County on April 30, charging that the County Council was wrong in approving plans for Greenville Overlook in February, because the developer’s strategy for managing the subdivision’s traffic was inadequate and presented safety concerns for those living along Hercules Road.
    Attorney David Finger said the motion filed Monday was for a temporary restraining order that would prevent Toll Brothers from starting soil removal. The site was found to have high levels of arsenic in places, likely resulting from pesticides used on the greens and tees there for decades. Residents, however, say they believe the contamination is worse, and likely includes heavy metals stemming from work at the adjacent Hercules Research Center.
    Finger said that the temporary restraining order, if granted, would likely be for 10 to 20 days, during which the court would review records and decide whether to extend it.
    “The court has to consider whether there’s a danger going forward that can’t be undone later,” he said.
    Finger said he hopes an injunction will lead Toll Brothers to renegotiate with the residents about the necessary dust control steps for workers to take during the cleanup.
    The 19-page lawsuit calls on Toll Brothers to undertake a 12-step remediation plan that asks for additional testing and the implementation of several advanced dust suppression methods. Toll Brothers has an agreement with state environmental officials to regularly monitor dust during the clean-up phase.
     
    Jeffrey Bartos, an attorney for Toll Brothers, did not return phone calls seeking comment.
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