Maryland Board of Public Works v. K. Hovnanian's Four Seasons at Kent Island, LLC

ALAN M. WILNER (Retired, specially assigned), J.

This is an action for judicial review to determine whether the Maryland Board of Public Works — a body created by the Maryland Constitution and consisting of the Governor, the State Comptroller, and the State Treasurer (the Board)— committed legal error in denying, by a two-to-one vote, respondent’s application for a license to fill and dredge on certain State wetlands. The Circuit Court for Queen Anne’s County concluded that the Board did err, by basing its decision on considerations outside the lawful scope of its discretion. The court…