APPLETON v. CECIL COUNTY

No. 92 Sept.Term, 2007.

945 A.2d 648 (2008)

404 Md. 92

APPLETON REGIONAL COMMUNITY ALLIANCE, et al. v. The COUNTY COMMISSIONERS OF CECIL COUNTY, MD, et al.

Court of Appeals of Maryland.

April 7, 2008.


Attorney(s) appearing for the Case

G. Macy Nelson (Paul N. DeSantis, Washington, DC), on brief, for petitioners.

Dwight E. Thomey (Baker, Thomey & Emrey, P.A., Elkton, MD), on brief, Richard A. Bechtel, II (Kevin J. Mahoney of Gessner, Snee, Mahoney & Lutche, P.A., Bel Air, MD), on brief, for respondent.

ARGUED BEFORE BELL, C.J., RAKER, HARRELL, BATTAGLIA, GREENE, JJ., and JOHN C. ELDRIDGE and DALE R. CATHELL, JJ. (Retired, specially assigned).


HARRELL, Judge.

I.

Aston Development Group, Inc., ("Aston") hopes to construct 302 dwellings on 390 acres of land in Cecil County, intending to name the project "Aston Pointe" (the "Property").1 The Property, which abuts a nature preserve, presently lacks public water and sewer line service. In June 2004, Aston, as to the initial governmental step to arrange other than individual well and septic service for each proposed dwelling...

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