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ANNAPOLIS v. ANNAP. WATERFRONT CO.

[No. 6, September Term, 1978.]

284 Md. 383 (1979)

396 A.2d 1080

THE MAYOR AND ALDERMEN OF THE CITY OF ANNAPOLIS ET AL. v. ANNAPOLIS WATERFRONT COMPANY ET AL.

Court of Appeals of Maryland.

Motion for reconsideration filed February 13, 1979.

Denied February 16, 1979.

Attorney(s) appearing for the Case

Eugene M. Lerner, City Attorney, and Richard G. Anderson, Assistant City Attorney, for appellants.

Ronald A. Baradel, with whom were Hartman & Crain on the brief, for appellees.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, LEVINE, ELDRIDGE, ORTH and COLE, JJ.

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

The seeds of this controversy were sown when the General Assembly enacted Chapter 26 of the Laws of Maryland of 1785 which vested in the Port Wardens of the City of Annapolis the power and responsibility to regulate the construction of wharves in the port of that city. Chapter 26 provided that the Port Wardens were to determine and regulate all matters relating to (1) the erection or building of wharves in the port, (2...

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