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HOLIDAY v. ANNE ARUNDEL

No. 4, Sept. Term, 1996.

707 A.2d 829 (1998)

349 Md. 190

HOLIDAY POINT MARINA PARTNERS v. ANNE ARUNDEL COUNTY, Maryland et al.

Court of Appeals of Maryland.

April 3, 1998.

Attorney(s) appearing for the Case

Charles R. Schaller (Marian C. Hwang, Thomas E. Lynch, III, Miles & Stockbridge, on brief), Baltimore, for petitioner.

Patricia A. Logan, Senior Asst. County Atty. (Phillip F. Scheibe, County Atty., Anne Arundel County Office of Law), for respondent.

Thomas J. Wohlgemuth, of Annapolis, argued on behalf of Selby Community Assoc., respondent.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI BELL and RAKER, JJ.

ELDRIDGE, Judge.

The issue in this case concerns Article 28, § 5-108(e), of the Anne Arundel County Code. Section 5-108 is a zoning ordinance applicable to the location of marina facilities along the shoreline of rivers, the Chesapeake Bay, and other waters of Anne Arundel County. Subsection (e) of the ordinance imposes minimum distance restrictions between the situs of marina facilities and shellfish beds. The issue...

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