Smack v. Jackson

Pursuant to Code (1957), Art. 66C, § 708(a)—wherein it is provided that land beneath the waters of the State may be leased for the purpose, among others, of cultivating oysters or shell fish—the appellant sought to lease an area in Chincoteague (on Sinepuxent) Bay for the cultivation of oysters. The appellees, protesting the issuance of the lease, brought this action contending that the area in question was a natural clam bar and therefore not leaseable under § 708(b).

Article 66C of the Code (1964 Cum. Supp.), § 708(c), provides that natural oyster or clam bars shall be construed to mean and…