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QUEEN ANNE'S v. SOARING VISTAS

No. 741, Sept. Term, 1997.

708 A.2d 1066 (1997)

121 Md. App. 140

COUNTY COMMISSIONERS OF QUEEN ANNE'S COUNTY, et al. v. SOARING VISTAS PROPERTIES, INC., et al.

Court of Special Appeals of Maryland.

April 29, 1998.

Attorney(s) appearing for the Case

Lynn McLain, Baltimore (Patrick Thompson, Foster, Braden & Thompson, Stevensville and George A. Weber, III and Law Offices of Peter Angelos, Baltimore, on the brief), for appellants.

Ernest S. Cookerly, Cookerly & Barroll, LLC, Chestertown and Edward H. Hammond, Ocean City, for Amicus Curiae, County Com'rs of Kent County.

Warren K. Rich and William D. Evans (Rich and Henderson, P.C., on the brief), Annapolis, for appellees.

Argued before MOYLAN, HOLLANDER and SONNER, JJ.

HOLLANDER, Judge.

In this case, we must determine whether State law preempts a local zoning ordinance that makes construction of a sewage sludge storage facility a conditional use. Soaring Vistas Properties, Inc. ("Soaring Vistas") and Wheelabrator Water Technologies, Inc. ("Wheelabrator"), appellees, filed suit in the Circuit Court for Queen Anne's County against the following parties, all appellants herein: Queen Anne's County (the "County"); the County Commissioners...

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