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PUBLIC WORKS v. HOVNANIAN'S FOUR SEASONS

No. 67, September Term, 2011.

42 A.3d 40 (2012)

425 Md. 482

MARYLAND BOARD OF PUBLIC WORKS, et al. v. K. HOVNANIAN'S FOUR SEASONS AT KENT ISLAND, LLC.

Court of Appeals of Maryland.

April 23, 2012.

Attorney(s) appearing for the Case

Adam D. Snyder, Asst. Atty. Gen. (Douglas F. Gansler, Atty. Gen. of Maryland, John B. Howard, Jr., Deputy Atty. Gen.; Baltimore, MD), on brief, for appellants.

C. Daniel Saunders (Cristina Harding Landskroener, Chestertown, MD), on brief, for appellants.

John H. Zink, III (Venable LLP, Towson, MD); Charles R. Schaller, Jr. of Linowes and Blocher, LLP, Annapolis, MD; Joseph A. Stevens (Stevens & McCann, LLC, Centreville, MD), on brief, for appellee.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, ADKINS, BARBERA and ALAN M. WILNER (Retired, specially assigned), JJ.

ALAN M. WILNER (Retired, specially assigned), J.

This is an action for judicial review to determine whether the Maryland Board of Public Works—a body created by the Maryland Constitution and consisting of the Governor, the State Comptroller, and the State Treasurer (the Board)—committed legal error in denying, by a two-to-one vote, respondent's application for a license to fill and dredge on certain State wetlands. The Circuit Court for Queen Anne's...

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