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McHALE v. DCW DUTCHSHIP ISLAND

No. 123, September Term, 2009.

999 A.2d 969 (2010)

415 Md. 145

Margaret McHALE v. DCW DUTCHSHIP ISLAND, LLC, et al.

Court of Appeals of Maryland.

July 22, 2010.

Attorney(s) appearing for the Case

Paul J. Cucuzzella, Asst. Atty. Gen. (Douglas F. Gansler, Atty. Gen. of Maryland, and Marianne E. Dise, Asst. Atty. Gen., of Baltimore, MD), on brief, for appellant.

Robert J. Fuoco of Glen Burnie, MD, for appellees.

Warren K. Rich (Rich and Henderson, P.C. of Annapolis, MD), on brief, for appellees.

Jonathan A. Hodgson, County Atty., Sarah M. Iliff, Senior Asst. County Atty., Anne Arundel County Office of Law, Annapolis, MD, brief of Amicus Curiae Anne Arundel County, Maryland.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and BARBERA, JJ.

HARRELL, J.

We consider here whether a recently amended provision (§ 8-1808(c)(4)) of the Chesapeake and Atlantic Coastal Bays Critical Area Protection Program ("Critical Area Law"), Md.Code (1973, 2007 Repl. Vol. & Supp.2009), Natural Resources Article, §§ 8-1801-8-1817, applies to a variance application filed three and one-half years before the General Assembly amended the statute and where the object of the application was to cure violations...

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