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CALDES v. ELM STREET

No. 12, September Term, 2008.

999 A.2d 956 (2010)

415 Md. 122

Sara CALDES, et al. v. ELM STREET DEVELOPMENT, et al.

Court of Appeals of Maryland.

July 22, 2010.

Attorney(s) appearing for the Case

Michael R. McCann (Michael R. McCann, P.A. of Towson, MD), on brief, for petitioners.

Kurt J. Fischer (Melissa L. Mackiewicz of DLA Piper US LLP of Baltimore, MD; Harry C. Blumenthal and Eileen E. Powers of Blumenthal, Delavan & Williams, P.A. of Annapolis, MD), on brief, for respondents.

James A. Chance, Asst. County Atty. (Jonathan A. Hodgson, County Atty., of Annapolis, MD), on brief, for respondents.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, BARBERA and JOHN C. ELDRIDGE, (Retired, Specially Assigned), JJ.

MURPHY, J.

On March 6, 2006, the County Board of Appeals of Anne Arundel County (the Board) entered an ORDER that included the following provisions:

1. [Respondent Elm Street Development's petition for] [a] variance to the density requirements for development within the [Resource Conservation Area] of the [Chesapeake Bay] Critical Area to permit seven lots on 23 ± acres [with a street address of 481 Epping Forest Road, near Annapolis] is hereby

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