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A.H. SMITH SAND & GRAVEL v. DEP'T OF WATER RESOURCES

[No. 102, September Term, 1973.]

270 Md. 652 (1974)

313 A.2d 820

A.H. SMITH SAND & GRAVEL CO. v. DEPARTMENT OF WATER RESOURCES

Court of Appeals of Maryland.

Decided January 4, 1974.

Attorney(s) appearing for the Case

C. Edward Hartman, II, with whom were Hartman & Crain on the brief, for appellant.

Warren K. Rich, Special Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and John B. Griffith, Special Assistant Attorney General, on the brief, for appellee.

Amicus Curiae brief filed by Institute for Public Interest Representation, Robert Jacques, Victor H. Kramer, Richard B. Wolf and Andrew Hecht on the brief.

The cause was argued before BARNES, McWILLIAMS, SINGLEY, SMITH and LEVINE, JJ.

SMITH, J., delivered the opinion of the Court.

Appellant and cross-appellee, A.H. Smith Sand & Gravel Co. (Smith), here claims error because a trial judge (Taylor, J.) approved that portion of an order of the Department of Water Resources (the Department), appellee and cross-appellant, which required that "no filling operations shall take place within the 50-year floodplain boundaries [on Smith's land] without obtaining a permit from the Department for...

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