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GRASSLANDS v. FRIZZ-KING ENT., LLC.

No. 117, September Term, 2008.

978 A.2d 622 (2009)

410 Md. 191

GRASSLANDS PLANTATION, INC. v. FRIZZ-KING ENTERPRISES, LLC.

Court of Appeals of Maryland.

August 25, 2009.

Attorney(s) appearing for the Case

Philip W. Hoon (Hoon & Associates, LLC of Chestertown), on brief, for petitioner.

Richard A. DeTar (Demetrios Kaouris of Miles & Stockbridge, P.C. of Easton), on brief for respondent.

Thomas A. Deming, for Brief of Amici Curiae Queen Anne's Conservation Association, Inc. and Chester River Association Inc.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and BARBERA, JJ.

ADKINS, J.

In this Queen Anne's County zoning case, we decide how to allocate the burden of proof in a de novo review by the Board of Appeals of the Planning Commission's decision approving a subdivision.1 We hold that the Board erred in imposing the burden on the adjacent landowner protestant. We also address the question of whether a county ordinance passed during pendency of the protestant...

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