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SOARING VISTA PROPERTIES, INC. v. QUEEN ANNE'S COUNTY

No. 87, Sept. Term, 1998.

741 A.2d 1110 (1999)

356 Md. 660

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

Court of Appeals of Maryland.

December 8, 1999.

Attorney(s) appearing for the Case

Warren K. Rich, Rich and Henderson, P.C., on brief, Annapolis, for petitioners.

Lynn McLain, University of Baltimore School of Law, Baltimore (Patrick Thompson, Foster, Braden & Thompson, Stevensville; George A. Weber, III, Law Offices of Peter Angelos, Baltimore), on brief, for respondent.

Baltimore County, County Commissioners of Carroll County, County Commissioners of Charles County, County Commissioners of Frederick County, Howard County, County Commissioners of Kent County, Montgomery County, Prince George's County, County Commissioners of Washington County, Wicomico County and Worcester County, amicus curiae.

J. Joseph Curran, Jr., Atty. Gen. of Maryland; J. Van Lear Dorsey, Asst. Atty. Gen., on brief, Baltimore, amicus curiae.

Argued before BELL, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, RAKER, WILNER and CATHELL, JJ.

PER CURIAM.

Soaring Vista Properties, a wholly owned subsidiary of Wheelabrator Water Technologies, owns a 425.67-acre working farm in Queen Anne's County, known as Soaring Vista farm. Wheelabrator has fertilized the crops on this land with biosolids, or "sludge," since 1990. The treated sludge is transported to the farm from wastewater treatment plants owned by Wheelabrator throughout the State. Although the sludge is generated daily, in certain weather conditions...

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