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BD. OF PUB. WORKS v. LARMAR CORP.

[No. 345, September Term, 1970.]

262 Md. 24 (1971)

277 A.2d 427

BOARD OF PUBLIC WORKS OF MARYLAND ET AL. v. LARMAR CORPORATION ET AL.

Court of Appeals of Maryland.

Decided May 10, 1971.

Attorney(s) appearing for the Case

Argued and reargued by Jon F. Oster, Assistant Attorney General, and Richard M. Pollitt, Special Attorney, with whom was Francis B. Burch, Attorney General, on the brief, for appellants.

Argued and reargued by Victor H. Laws for Larmar Corporation, appellee and cross appellant. Argued and reargued by Raymond S. Smethurst, Jr., with whom were Henry M. Rutledge and Adkins, Potts & Smethurst on the brief, for The Adkins Company of Ocean City, Inc., other appellee and cross appellant.

The cause was argued on March 8, 1971, before HAMMOND, C.J., and FINAN, SINGLEY, SMITH and DIGGES, JJ., and reargued on April 5, 1971, before HAMMOND, C.J., and BARNES, McWILLIAMS, FINAN, SINGLEY, SMITH and DIGGES, JJ.

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

Although collateral issues will be discussed, the two paramount questions before this Court concern, (1) the rights of riparian owners to reclaim land by filling in navigable waters in front of their shoreline, making new fast land, within the scope and intent of Maryland Code (1968 Repl. Vol.), Art. 54, §§ 45, 46, and 48, hereinafter referred to as the Act of 1862, and (2) the question of whether such riparian...

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