Worton Creek Marina, LLC v. Claggett

We are asked to determine the validity of a Kent County ordinance that allows commercial boat moorings located within another riparian’s extended property line to remain in place through two months of the wild waterfowl hunting season, rendering the riparian’s waterfowl hunting blind sites unusable. The Maryland State Boat Act specifically provides that a local authority may not establish any regulation of a local nature that does not conform to the State’s regulations. The State regulation prohibits the placement of moorings that infringe on the rights of riparian property owners. The right…