Robert W. FOLEY, Jr., et al.
v.
K. HOVNANIAN AT KENT ISLAND, LLC.
Court of Appeals of Maryland.https://leagle.com/images/logo.png
August 21, 2009.
August 21, 2009.
Attorney(s) appearing for the Case
C. Daniel Saunders (Cristina Hardin Landskroener, Chestertown, MD), on brief, for Petitioners.
Brief of Amicus curiae, Chester River Ass'n, Inc.: Thomas A. Deming, Annapolis, MD
Brief of Amicus Curiae The Chesapeake Bay Foundation, Inc.: Jon A. Mueller, Esquire, Amy E. McDonnell, Esquire, Annapolis, MD.
John H. Zink, III (Venable, L.L.P., Towson, MD; Nancy L. Slepicka of O'Malley, Miles, Nylen & Gilmore, P.A., LaPlata, MD), on brief; Joseph A. Stevens of Stevens, Phillips & McCann, L.L.C., Centerville, MD, on brief, for Respondent.
ARGUED BEFORE BELL, C.J., RAKER, HARRELL, BATTAGLIA, JOHN C. ELDRIDGE, (Retired, specially assigned), ALAN M. WILNER, (Retired, specially assigned) and DALE R. CATHELL, (Retired, specially assigned), JJ.
Court of Appeals of Maryland.
BELL, Chief Judge.
I. Introduction
The Chesapeake Bay is nothing short of magnificent. For decades, fishermen found plentiful supplies of blue crabs, clams and oysters in its waters. Over time, however, the results of increased human activity on, in and near the Bay saw its deterioration and the decrease in the fruits it bore. In 1984, the Maryland General Assembly responded in part. It enacted the Chesapeake Bay...
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