DEP'T OF NATURAL RES. v. OCEAN CITY

[No. 64, September Term, 1974.]

274 Md. 1 (1975)

332 A.2d 630

DEPARTMENT OF NATURAL RESOURCES ET AL. v. MAYOR AND COUNCIL OF OCEAN CITY ET AL.

Court of Appeals of Maryland.

Decided February 21, 1975.


Attorney(s) appearing for the Case

Hamilton P. Fox, with whom were Hearne, Fox & Bailey on the brief, for E.T. Park, Inc., part of appellants. Warren K. Rich, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Henry R. Lord, Deputy Attorney General, on the brief, for Department of Natural Resources, other appellant.

Patrick L. Rogan, Jr., with whom were Richardson, Rogan, Anderson & Heland on the brief, for 71st Street, Inc., part of appellees. Dale R. Cathell, City Attorney, for Mayor and City Council of Ocean City, other appellee.

The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and O'DONNELL, JJ.


SINGLEY, J., delivered the opinion of the Court. ELDRIDGE, J., dissents and filed a dissenting opinion at page 15 infra.

This case raises for the first time the extent of the rights which neighboring owners and members of the public may respectively have in the littoral at Ocean City, Maryland — that portion of the beach which lies west of the Atlantic Ocean's mean high tide line, referred to in this opinion as "mean high water mark."

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