Harbor Island Marina v. BOARD OF CTY. COMMISSIONERS OF CALVERT CTY.

How courts have described this case

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

• reviewing the holding in State Dep’t of Assessments & Taxation v. Clark, 281 Md. 385, 380 A.2d 28 (1977)
• “Beginning in 1745, and throughout the ensuing years, there have sporadically been legislative enactments recognizing, expanding, and redefining the rights and privileges riparian owners were entitled to exercise in the tidal waters abutting their lands.”
• State is not bound by an enactment of the General Assembly unless the statute specifically names the State or manifests a clear and indisputable intention that it be bound
• “in 1862, the Maryland General Assembly extended the benefits and protections of these earlier Acts to all of the citizens of this State.”
• “As proprietor of [waters held in public trust], the State holds all powers of regulation and control over these ‘lands,’ subject to the paramount power of the United States to regulate navigation”
• “[Tjhere are few absolutes in the law, and the rule that an administrative remedy must be exhausted before recourse is had to the courts is not one of them.” (quoting State Dep’t of Assessments & Taxation v. Clark, 281 Md. 385, 403, 380 A.2d 28 (1977)

Source: CourtListener parenthetical corpus (CC0).