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NAT'L WASTE MGR'S v. FORKS OF THE PATUXENT

No. 90, Sept. Term, 2016.

162 A.3d 874 (2017)

453 Md. 423

NATIONAL WASTE MANAGERS, INC., Chesapeake Terrace v. FORKS OF THE PATUXENT IMPROVEMENT ASSOCIATION, INC., et al.

Court of Appeals of Maryland.

June 21, 2017.

Attorney(s) appearing for the Case

Argued by Steven P. Resnick and Susanne K. Henley , Annapolis, MD, (Law Offices of Susanne K. Henley), on brief, for Petitioner.

Argued by P. Tyson Bennett (Carney, Kelehan, Bresler Bennett & Scherr, LLP, Annapolis, MD), on brief, for Respondents.

Anthony G. Gorski, Esquire , Peter C. Hershey, Esquire , Rich and Henderson, P.C., Annapolis, MD, for Amicus Curiae for Tolson and Associates, LLC.

Nancy McCutchan Duden, Esquire , County Atty., Gregory J. Swain, Esquire , Supervising County Atty., Kelly Phillips Kenney, Esquire , Senior Asst. County Atty., Anne Arundel County Office of Law, Annapolis, MD, for Amicus Curiae for Anne Arundel County, Maryland.

Argued before: Barbera, C.J., Adkins, McDonald, Watts, Hotten, Getty, Alan M. Wilner (Senior Judge, Specially Assigned), JJ.

BACKGROUND

The origin of this saga goes back to 1990, when petitioner (whom we shall refer to as National) sought zoning approval to construct and operate a rubble landfill on a 482-acre parcel and to conduct a sand and gravel operation on 108 acres of that same parcel. The parcel is located in an RA ...

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