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· 3/19/1975

Department of Natural Resources v. Linchester Sand & Gravel Corp.

Citations

  • 334 A.2d 514
  • 274 Md. 211
  • 1975 Md. LEXIS 1207

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • indicating that the scope of review regarding legislative actions is whether the body was acting within its legal authority
  • emphasizing that judicial review of administrative agency decisions under this inherent power “requires restrained and disciplined judicial judgment so as to not interfere with the agency’s factual conclusions ...” (citations and emphasis omitted)
  • stating that the separation of powers doctrine encompasses “a sensible degree of elasticity”
  • noting “these agencies at times perform some activities which are legislative in nature and thus have been dubbed as quasi-legislative”
  • striking down the subparagraph of the statute which “in substance provides for a de novo trial free of the Administrative Procedure Act.”
  • tracing history of right of legislature to delegate powers to administrative agencies

Source: CourtListener parenthetical corpus (CC0).

Judges: Murphy, Singley, Smith, Digges, Levine, Eldridge, O'Donnell

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.