Legal Opinion

In re: Foster Farm

Court of Appeals of Maryland

Decided July 30, 2025No. 25/24Published

1Opinion of the Court

In re: Foster Farm, No. 25, September Term, 2024 RIGHT TO FARM LAWS – NUISANCE – MD. CODE ANN., CTS. & JUD. PROC. 1974, 2020 REPL. VOL.) § 5-403 – TALBOT COUNTY CODE § 128 – GENERALLY ACCEPTED AGRICULTURAL PRACTICE – SUBSTANTIAL EVIDENCE – Supreme Court of Maryland held that, because Talbot County Agricultural Resolution Board (“Board”) did not decide issue with respect to interpretation or application of Maryland’s Right to Farm law, Md. Code Ann., Cts. & Jud. Proc. (1974, 2020 Repl. Vol.) (“CJ”) § 5-403, question of whether one-year period for operation of agricultural operation under CJ §…

2Cases cited10 opinions

  1. Comptroller v. FC-GEN Operations Inv.Court of Appeals of Maryland · 2022
  2. McCrory Corp. v. FowlerCourt of Appeals of Maryland · 1990
  3. Montgomery County v. StevensCourt of Appeals of Maryland · 1995
  4. Dept. of Env. v. Carroll Cnty. Frederick Cnty. v. Dept. of Env.Court of Appeals of Maryland · 2019
  5. Maryland Department of Environment v. Anacostia RiverkeeperCourt of Appeals of Maryland · 2016

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