COTTMAN v. DEP'T OF NATURAL RESOURCES

No. 188, September Term, 1979.

44 Md. App. 224 (1979)

407 A.2d 802

WILLIAM W. COTTMAN, III v. THE DEPARTMENT OF NATURAL RESOURCES FOR THE STATE OF MARYLAND ET AL.

Court of Special Appeals of Maryland.

Decided November 14, 1979.


Attorney(s) appearing for the Case

Thomas Sisk, with whom was Elise Davis on the brief, for appellant.

Michael J. Scibinico, II, Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, and Edward F. Lawson, Assistant Attorney General, on the brief, for appellee Department of Natural Resources. Malcolm B. Kane for other appellee.

The cause was argued before MOORE, LOWE and LISS, JJ.


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

The Circuit Court for Anne Arundel County sustained, without leave to amend, a demurrer of the Department of Natural Resources for the State of Maryland (DNR) to an Amended Bill of Complaint and Petition for Ex Parte Injunction by William W. Cottman, III. Because the court held that

"[t]he Amended Bill of Complaint fails to state a cause of action,"

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