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APPEAL OF DEPT. OF NATURAL RESOURCES

401 A.2d 93 (1978)

In the Matter of an Appeal of the DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL of the State of Delaware and the Commissioners of the Town of Slaughter Beach from the Decision of the Wetlands Appeals Board of January 26, 1978.

Superior Court of Delaware, Sussex County.

Decided November 21, 1978.

Attorney(s) appearing for the Case

June D. MacArtor, Deputy Atty. Gen., Dept. of Justice, Wilmington, for the Department of Natural Resources and Environmental Control of the State of Delaware.

John Terence Jaywork, Dover, for The Town of Slaughter Beach.

Randy J. Holland, of Dunlap, Holland & Eberly, Georgetown, for Randy E. and Harvey G. Marvel.

WALSH, Judge.

In this appeal from a decision of the Wetlands Appeals Board (Board), the Court is required to rule upon the respective powers of the Secretary of the Department of Natural Resources and Environmental Control (Department) and the Wetlands Appeals Board to regulate activities of owners of property designated as "wetlands" under the aegis of the Delaware Wetlands Act (7 Del.C. Ch. 66). The property in question is located in the Town of Slaughter...

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