McHale v. DCW Dutchship Island, LLC

We consider here whether a recently amended provision (§ 8-1808(c)(4)) of the Chesapeake and Atlantic Coastal Bays Critical Area Protection Program (“Critical Area Law”), Md. Code (1973, 2007 Repl.Vol. & Supp.2009), Natural Resources Article, §§ 8-1801-8-1817, applies to a variance application filed three and one-half years before the General Assembly amended the statute and where the object of the application was to cure violations of the Critical Area Law occurring prior to the effective date of the amendment. 1 For reasons we shall explain, we affirm the judgment of the Circuit Court for…