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DEPT. OF ENVIRONMENT v. DAYS COVE

No. 1725, September Term, 2008.

27 A.3d 565 (2011)

200 Md. App. 256

MARYLAND DEPARTMENT OF the ENVIRONMENT, et al. v. DAYS COVE RECLAMATION CO., INC.

Court of Special Appeals of Maryland.

August 30, 2011.

Attorney(s) appearing for the Case

Dan Friedman ( Douglas F. Gansler , Atty. Gen., Kathryn M. Rowe , Jacquelin Russell , on the brief), Annapolis, MD, for Appellant.

James J. Doyle, III ( Warren K. Rich , on the brief), Annapolis, MD, for Appellee.

Panel: KRAUSER, C.J., JAMES R. EYLER, and CHARLES E. MOYLAN, JR., (Retired, Specially Assigned), JJ.

KRAUSER, C.J.

We are asked to decide whether Chapter 161 of the 2007 Laws of Maryland2 is a "special law" under Article III, § 33 of the Maryland Constitution and, as a consequence, prohibited by it.

Enacted in 2007, Chapter 161 prohibits the Maryland Department of the Environment ("MDE") from issuing a permit for the construction or operation of a rubble landfill within close proximity to certain waterways in the State of...

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