COASTAL MARSHLANDS PROTECTION COMMITTEE v. CTR. FOR SUST. COAST

Nos. A07A0752, A07A0753, A07A0897 and A07A0934.

649 S.E.2d 619 (2007)

COASTAL MARSHLANDS PROTECTION COMMITTEE v. CENTER FOR A SUSTAINABLE COAST et al. Center for a Sustainable Coast et al. v. Coastal Marshlands Protection Committee. Point Peter LLLP v. Center for a Sustainable Coast et al. Center for a Sustainable Coast et al. v. Point Peter LLLP.

Court of Appeals of Georgia.

July 11, 2007.


Attorney(s) appearing for the Case

Thurbert E. Baker, Atty. Gen., Isaac Byrd, Deputy Atty. Gen., John E. Hennelly, Senior Asst. Atty. Gen., James D. Coots, Asst. Atty. Gen.; James A. Chamberlin Jr., Brunswick, for Coastal Marshlands Protection Committee.

Smith & Floyd, Charles C. Smith, Jr., St. Marys; Gambrell & Russell, Stephen E. O'Day, Atlanta; Alston & Bird, Beverlee E. Silva, Christopher K. DeScherer, Mary Maclean Doolan Asbill, Atlanta, for Center for a Sustainable Coast et al.

King & Spalding, Patricia T. Barmeyer, Atlanta, for Point Peter.

McKenna, Long & Aldridge, R. Todd Silliman; Karsman, Brooks & Callaway, Dana F. Braun; Hunter, Maclean, Exley & Dunn, Frank J. Perch, Andrew H. Ernst, Julie V. Mayfield, amici curiae.


ANDREWS, Presiding Judge.

The primary issue presented in these appeals is whether the Coastal Marshlands Protection Act (CMPA) (OCGA § 12-5-280 et seq.), enacted in 1970 to protect coastal marshlands by regulation of activities and structures in the marshlands, may be construed to regulate activities or structures in high land or upland1 areas, including storm water runoff from those areas, that may adversely impact the marshlands...

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