Peter Busque, owner of Busque Construction Co., filed an appeal in Cumberland County Superior Court on Wednesday aimed at challenging Windham’s recent rejection of his proposed rock quarry.

After last month’s Windham Town Council’s 5-1 vote against the quarry, Busque announced his intentions to build a housing subdivision on the land he purchased for the quarry on Nash Road. He said those plans have since been scrapped in favor of contesting the council’s vote.

“I will present the facts and allow the judiciary to decide if my application received a fair review,” Busque said Wednesday.

Council Chairman John MacKinnnon said he had heard about Busque’s appeal on Wednesday and was not surprised by the action.

“From the town’s side, I’m sorry to see it happen. But he certainly has a right to do it,” MacKinnon said.

While the appeal was expected by many on both sides of the quarry issue, Busque made another move this week that has caught many off-guard. Busque announced Wednesday he is donating land for sports fields and $5,000 to the Windham Parks and Recreation Department to build additional fields. Busque said the fields could be used for sports such as soccer, baseball and football.

Busque also said he plans to donate about 115 acres of land near the Nash Road quarry site to be used for trails. These trails could be used for hiking, cross-country skiing and snowmobiling, as well as provide space for hunters and stream access for fishermen, Busque said.

“I think the community, as a whole, will really like it,” said Busque.

Margaret Pinchbeck, who led a neighborhood protest of the quarry, is stunned Busque is donating land.

“I don’t know what his motivations are, but I think it’s great for the town. Everyone knows that open space keeps taxes down,” she said.

Likewise, Councilor David Tobin, who was the only councilor to approve Busque’s plans, said of Busque’s announcement, “If he’s giving land away, that’s wonderful.”

Tobin said Busque should be commended for handling the quarry’s rejection in such a magnanimous way.

“When someone gets hurt they can react in many different ways. I think that it’s remarkable he’s reacted in this very positive way,” Tobin said. “I just think about how much that land must be worth. This is a huge thing. I can’t wait to see the details.”

During the last week, Busque had been making references to donating land for community use in a series of humorous e-mails he sent to various town employees and local business owners. These include town clerk Linda Morrell, executive director of the Sebago Lake Chamber of Commerce Barbara Clark, real estate agents Tom Noonan and Linda Griffin, Roosevelt Trail Nursery owner Joe Gagne, Town Planner and Community Development Director Roger Timmons, gravel pit owner Ken Grondin and Recreation Director Brian Ross.

Ross said he would accept any donations that could be used for the town.

Ross also said the new fields would be in the same block of land as the quarry, but that it would be used mostly on nights and weekends when the quarry is closed.

“It shouldn’t be a problem, but I’ll have to look into it more,” said Ross, stressing that he intends to investigate the matter before making any decisions.

Busque said he plans to unveil his proposal at the Feb. 26 planning board meeting and provide further details of the land he intends to give.

“It’ll be good for the public,” Busque said Wednesday. He would only hint that the secret proposal will benefit the community.