LAWRENCE v. DEPT. OF HEALTH

[No. 632, September Term, 1966.]

247 Md. 367 (1967)

231 A.2d 46

LAWRENCE, ET AL. v. STATE DEPARTMENT OF HEALTH, ET AL.

Court of Appeals of Maryland.

Decided July 3, 1967.


Attorney(s) appearing for the Case

Harry E. Taylor, Jr., with whom were Taylor & Waldron on the brief, for appellants.

Louis E. Schmidt, Special Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Donald H. Noren, Special Attorney, on the brief for State Department of Health & Mental Hygiene, part of appellees; Edward O. Clarke, Jr., with whom were P. Dennis Belman and Smith, Somerville & Case, and Edward S. Digges on the brief for The Charles County Sanitary District, Inc., other appellee.

The cause was argued before HAMMOND, C.J., and MARBURY, OPPENHEIMER and BARNES, JJ., and MORTON, JR., Associate Judge of the Court of Special Appeals, specially assigned.


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

On August 18, 1966, in the Circuit Court for Charles County, sitting as a court of equity, the appellants filed an amended "petition to review" a "decision" of the appellees in respect of the deposit of processed sewage in the Zekiah Swamp in Charles County. The petition alleged that some of the petitioner-appellants are engaged in the business of tonging and catching oysters and crabs in the area of the Swamp,...

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