A. H. Smith Sand & Gravel Co. v. Department of Water Resources

Appellant and cross-appellee, A. H. Smith Sand & Gravel Co. (Smith), here claims error because a trial judge (Taylor, J.) approved that portion of an order of the Department of Water Resources (the Department), appellee and cross-appellant, which required that “no filling operations shall take place within the 50-year floodplain boundaries [on Smith’s land] without obtaining a permit from the Department for such activities.” (Emphasis in the order.) The Department claims the trial judge erred when he modified its order by changing the boundaries of the floodplain as determined by the…