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STATE OF MARYLAND, DEPARTMENT OF THE ENVIRONMENT, ET AL. v. V. CHARLES DONNELLY, ET AL.

CONTRACTS -- BREACH -- DENIAL OF TIDAL WETLANDS LICENSE -- This appeal arises out of an order of the Circuit Court for Calvert County in which the court declared that V. Charles Donnelly, Solomons One, LLC, Solomons Two, LLC, DiGiovanni’s Dock of the Bay, Inc., James Seymour, and Prime Island Properties, LLC (collectively, “Appellees”) have contractual rights to construct commercial piers on the Patuxent River outside a seawall that runs along their properties. The circuit court further declared that the State of Maryland, Department of the Environment (the “Department”) and the Board of County Commissioners of Calvert County (the “County Board”) breached their contract with Appellees when they denied a tidal wetlands license application filed by Appellees requesting authorization to construct a commercial pier. On appeal, the Department and the County Board present one issue for our review: Did the circuit court err in entering a declaratory judgment in favor of Appellees?

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