Days Cove Reclamation Co. v. Queen Anne's County
Court of Special Appeals of Maryland
1Opinion of the Court
RODOWSKY, Judge.
This appeal arises out of the denial by the Queen Anne’s County Board of Appeals (the Board) of a conditional use (special exception) for a rubble landfill. 1 The aggrieved applicant submits that there was a want of substantial evidence to support the Board’s action. Underlying this contention are two factually-interrelated legal issues — whether the denial is sustainable under the analysis required by Schultz v. Pritts, 291 Md. 1, 432 A.2d 1319 (1981), and whether the Board encroached into areas preempted by State regulation.
In Schultz, the Court of Appeals explained that…
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