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KENT COUNTY v. CLAGGETT

No. 2165, Sept. Term, 2001.

831 A.2d 77 (2003)

152 Md. App. 70

COUNTY COMMISSIONERS OF KENT COUNTY, et al. v. Herschell B. CLAGGETT.

Court of Special Appeals of Maryland.

August 28, 2003.

Attorney(s) appearing for the Case

C. Daniel Sanders (Cristina Harding Landskroener, on brief), Ernest S. Cookerly (Cookerly & Barroll, LLC, on brief), Chestertown, for appellants.

Willard C. Parker, II (Wheeler, Thompson, Parker & Counts, LLP, on brief), Easton, for appellee.

Argued before MURPHY, C.J., EYLER, DEBORAH S., SHARER, JJ.

EYLER, J.

This case concerns the competing interests of wild waterfowl hunters and marina owners in Kent County. The question presented is the preemption, vel non, by state law of a Kent County ordinance that, as amended, allows certain holders of group boat mooring permits, for two months of the open season for hunting wild waterfowl, to moor vessels in waters where riparian land owners have licenses to maintain and...

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