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CLIPPER WINDPOWER, INC. v. SPRENGER

No. 136 September Term, 2005.

924 A.2d 1160 (2007)

399 Md. 539

CLIPPER WINDPOWER, INC., et al. v. Paul C. SPRENGER, et al.

Court of Appeals of Maryland.

June 8, 2007.

Attorney(s) appearing for the Case

Miles H. Mitchell, Deputy Gen. Counsel (Susan Stevens Miller, Gen. Counsel, Baltimore, MD), on brief; Jeffrey A. Lamken (David A. Super of Baker Botts, L.L.P., Washington, DC), on brief, for Petitioners.

John J. Coyle, Jr. (Hidey, Coyle & Monteleone, Cumberland, MD), on brief, for Respondents.

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

BELL, Chief Judge.

This case arises out of a dispute over the construction of a wind turbine facility in Garrett County, Maryland. On March 26, 2003, the Public Service Commission (the "Commission"), one of the petitioners, entered a final order (Order No. 78354) granting Clipper Windpower, Inc. ("Clipper"), the other petitioner (collectively "the petitioners"), a Certificate of Public Convenience and Necessity ("CPCN") for the construction of a 101 megawatt ("MW...

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