Potomac — Editor’s note: As the Almanac headed to press on Tuesday, the effects of two court proceedings and the governor’s opinion cast uncertainty over county plans to take control of the Brickyard organic farm on Aug. 16 to turn it into soccer fields. This story was written Tuesday before the conclusion of the hearings.

Gov. Martin O’Malley wrote County Executive Isiah Leggett and Board of Education President Shirley Brandman on Sunday Aug. 12.

“I believe we are about to make a big mistake,” O’Malley wrote.

Organic farmer Nick Maravell is supposed to vacate the land he has farmed the last 32 years on Wednesday, Aug. 15, so the county can move forward with its plans to build “superior quality” soccer fields on Brickyard Road.

The county is scheduled to take possession on Thursday, Aug. 16.

“I understand that these issues are the subject of litigation, and it is not my intent to express any view on the legal merits of the case. However, on policy grounds, there are significant and compelling reasons to preserve this farm for the benefit of the children of Montgomery County,” O’Malley wrote, in a letter to the Executive and school board president dated Sunday, Aug. 12, 2012.

“I believe we are about to make a big mistake.”

— Gov. Martin O’Malley

Maravell asked the Circuit Court of Montgomery County at a hearing on Tuesday to permit him to stay on the land while legal challenges are pending.

“Nick’s Organic Farm has no right to be on the property” according to Patrick L. Clancy and Kristen M. Koger, attorneys for the Board of Education.

“Interfering with the County Board’s ability to have its own land available for use as a school site constitutes irreparable harm,” according to Clancy and Koger. “Petitioner’s request runs counter to the fundamental principle of freedom of contract.”

MARAVELL HAS LEASED the property from the school system since 1980, operating an organic farm. In March 2011, despite no public involvement and just a few day’s notice, the Montgomery County School Board voted to turn the land over to the county for a public-private partnership for soccer fields.

The Maryland Department of Agriculture certifies the farm as organic, which it has been since 1986. Maravell seeks to maintain “status-quo” while legal issues are decided by the courts.

But the County said it already extended Maravell’s lease until August.

His claims for relief are “ultimately nonsensical,” according to Marc P. Hansen, county attorney, and Clifford L. Royalty, chief, Division of Zoning, Land Use and Economic Development.

“The Petitioners are seeking to void the only legal document (the license agreement) that has allowed Nick’s Organic Farm to remain on the premises,” they wrote. “The Petitioners need an injunction against themselves.”

A hearing had already been scheduled for Aug. 14 to respond a related Circuit Court matter filed by the Brickyard Coalition. The Brickyard Coalition claims the county has not fully responded to its request under the Maryland Freedom of Information Act.

Both Maravell and the Brickyard Coalition asked for an appeal or Judicial Review of last week’s State Board of Education ruling. The state board ruled that Montgomery County’s Board of Education did not violate law when voting to turn the land over to the county during a March 2011 meeting.

IN HIS LETTER, O’Malley suggested the mission of the newly established Brickyard Road Educational Farm shows promise for what the farm could mean for students.

“Rather than moving our State backwards through this destructive policy choice, Montgomery County can and should be a leader,” said O’Malley. “The vital connection between our farms, the food we eat, and our children’s future has never been more important than it is right now.”

On Monday, Aug. 6, Leggett announced a new program to support farmers that emphasizes the need for farmers to have long-term access to their land.

“Our region has an ever-increasing demand for sustainable, local food — food that nourishes our children, reclaims our environment and provides meaning employment within the County,” said Leggett. “The New Farmer Pilot Project will give new farmers a head start by matching them with private land owners and a support network that enables them to grow their businesses.”

But whatever the court system ultimately decides, the County School Board made itself clear in court on Tuesday.

“The County Board of Education has determined that it does not wish to lease its land to Nick’s Organic Farm,” according to Clancy and Koger.

Save Nick’s Organic Farm scheduled a farm tour, a dinner, and a rally for Wednesday, Aug. 15, on what could be the last night of the organic farm.