Legal Opinion

Assateague Coastal Trust, Inc. v. Schwalbach

Court of Special Appeals of Maryland

Decided July 2, 2015No. 0939/14PublishedCited by 2 opinions

1Opinion of the CourtArthur, J.

The Board of Zoning Appeals for Worcester County granted a critical area variance authorizing landowner Roy T. Schwal-bach to construct a pier or walkway across his private wetlands. The Circuit Court for Worcester County upheld the Board’s decision after Assateague Coastal Trust, Inc. (“ACT”), a non-profit environmental advocacy organization, petitioned for judicial review. ACT now appeals from that judgment, and we also affirm.

Factual and Procedural Background

A. Property Subject to the Variance Request

In 2003, Schwalbach purchased a subdivided property located at 12933 Old Bridge Road in…

2Cases cited19 opinions

  1. Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
  2. BELVOIR FARMS HOMEOWNERS ASSOC. INC. v. NorthCourt of Appeals of Maryland · 1999
  3. White v. NorthCourt of Appeals of Maryland · 1999
  4. Baltimore & Ohio Railroad v. ChaseCourt of Appeals of Maryland · 1875
  5. Cromwell v. WardCourt of Special Appeals of Maryland · 1995

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3Cited by2 opinions

  1. Miller Metal Fabrication, Inc. v. WallCourt of Appeals of Maryland · 2010
  2. Assateague Coastal Trust, Inc. v. SchwalbachCourt of Appeals of Maryland · 2016

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