LEATHERBURY v. GAYLORD FUEL CORP.

[No. 189, September Term, 1974.] [No. 26, September Term, 1975.]

276 Md. 367 (1975)

347 A.2d 826

LEATHERBURY ET UX. v. GAYLORD FUEL CORPORATION D/B/A GAYLORD STONE COMPANY ET AL. LEATHERBURY ET UX. v. PETERS ET AL.

Court of Appeals of Maryland.

Decided November 24, 1975.


Attorney(s) appearing for the Case

William W. Grant for appellants.

No. 189, submitted on brief by Francis B. Burch, Attorney General, and Martin A. Ferris, III, Special Assistant Attorney General, for appellees.

No. 26, James Alfred Avirett and W. Dwight Stover for appellees.

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


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

These appeals involve two separate actions by the same landowners seeking (1) to overturn under the Administrative Procedure Act the issuance by the Department of Health and Mental Hygiene of a permit for the installation of limestone processing equipment on adjacent land, and (2) to obtain an anticipatory injunction to restrain the proposed operation of a limestone quarry on the neighboring property on the ground...

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