![]() ![]() ![]() It further alleged that the proposed activities of Gaylord would result in air, noise and water pollution and would adversely affect their property. 3 The bill of complaint alleged that the Leatherburys used their property for farming and grazing horses. In addition to challenging the issuance of the permit, the Leatherburys filed a separate action against Gaylord in the Circuit Court for Garrett County (Hamill, J.), seeking to have the proposed quarry declared a nuisance, and requesting a temporary and a permanent injunction against its operation. The trial court sustained the demurrer, and the Leatherburys have taken this appeal. The Department of Health and Mental Hygiene filed a demurrer, contending that, on several grounds, the Leatherburys had no standing to maintain the action. The Leatherburys alleged that no public notice was given of the Department's action, and that Gaylord's permit application did not contain the information required by the Department in order for the Department to determine whether the permit should be granted. 1Īfter the Leatherburys became aware of the issuance of the permit for a limestone crushing plant, they brought suit on January 2, 1974, in the Circuit Court for Garrett County (Hamill, J.), against the Gaylord Fuel Corporation and the Maryland Department of Health and Mental Hygiene, seeking to have the administrative grant of the permit reversed. The requisite permit was issued on Monday, December 3, 1973. On Friday, November 30, 1973, Gaylord applied for a permit from the Maryland Department of Health and Mental Hygiene, Bureau of Air Quality Control, to install limestone crushing and air pollution control equipment. In order to construct a limestone quarry on its property, Gaylord obtained a grading permit from Garrett County on November 16, 1973, to remove soil for open face mining. In November 1973 the Gaylord Fuel Corporation, a Virginia corporation doing business as Gaylord Stone Company, purchased a 33 acre tract of land adjacent to the Leatherburys' farm. Robert and Phyllis Leatherbury are the owners of an 80 acre farm in Garrett County. These appeals involve two separate actions by the same landowners seeking (1) to overturn under the Administrative Procedure Act the issuance by the Department of Health and Mental Hygiene of a permit for the installation of limestone processing equipment on adjacent land, and (2) to obtain an anticipatory injunction to restrain the proposed operation of a limestone quarry on the neighboring property on the ground that the quarry will constitute a nuisance. ELDRIDGE, J., delivered the opinion of the Court. ![]()
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