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NEIFERT v. DEPT. OF ENVIRONMENT

No. 10, September Term, 2006.

910 A.2d 1100 (2006)

395 Md. 486

Eugenia M. NEIFERT, et al. v. DEPARTMENT OF THE ENVIRONMENT, et al.

Court of Appeals of Maryland.

November 14, 2006.

Attorney(s) appearing for the Case

Raymond S. Smethurst, Jr. (Matthew T. Mills, Adkins, Potts & Smethurst, LLP, Salisbury) on brief, for Appellants.

Adam D. Snyder, Asst. Atty. General (J. Joseph Curran, Jr., Atty. General, Matthew Zimmerman, Asst. Atty. General, Baltimore) on brief, for Appellees.

Argued Before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and GREENE, JJ.

RAKER, Judge.

Eugenia M. Neifert, Melvin D. Krolczyk, and Teresa A. Krolczyk, appellants, own four lots in the Cape Isle of Wight subdivision in Worcester County. Appellants have been denied sewer service and wetland fill permits and therefore are unable to develop their lots. We must decide whether the Maryland Department of the Environment violated appellants' equal protection rights by denying sewer service and whether the denial of sewer and wetland fill permits...

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