DASHIELL REALTY v. WICOMICO CTY.

No. 1204, Sept. Term, 1997.

712 A.2d 104 (1998)

122 Md. App. 239

J. ROLAND DASHIELL REALTY COMPANY v. WICOMICO COUNTY, Maryland.

Court of Special Appeals of Maryland.

June 26, 1998.


Attorney(s) appearing for the Case

Morton A. Sacks (McGuire, Woods, Battle & Boothe, L.L.P., Baltimore, Raymond S. Smethurst, Jr., Robert B. Taylor and Adkins, Potts & Smethurst, L.L.P., Salisbury, on the brief), for Appellant.

J. Joseph Curran, Jr., Atty. Gen. and J. Van Lear Dorsey, Asst. Atty. Gen., Baltimore, for Amicus Curiae, State of Maryland, Dept. of the Environment.

Robert M. McCaig (Edgar A. Baker, Jr. and Seidel, Baker & Tilghman, P.A., on the brief), Salisbury, for Appellee.

Before MOYLAN and HOLLANDER, JJ., and MARVIN H. SMITH, Judge (retired), Specially Assigned.


MARVIN H. SMITH, Judge (Retired), Specially Assigned.

At issue in this case is the validity of a provision in a special exception issued to J. Roland Dashiell & Sons, Inc. (Dashiell Construction) for a "sanitary fill operation (in connection with a borrow pit operation on the same property)." It restricted the materials brought to the landfill site "to the land clearance, demolition and construction debris waste generated by J. Roland Dashiell & Sons, Incorporated...

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