Justia Environmental Law Opinion Summaries

Woodmore Towne Centre applied for a non-tidal wetlands permit to construct a road extension and stream crossing in order to provide primary access into a development. After the Maryland Department of the Environment (MDE) approved the permit, Patuxent Riverkeeper, a nonprofit environmental group, initiated a judicial review action against MDE and Woodmore. The circuit court dismissed the action for lack of standing. The Supreme Court reversed, holding that Riverkeeper had standing under Md. Code Ann. Envir. 5-204(f) to initiate a judicial review action because one of its members had alleged sufficient harm to his aesthetic, recreational, and economic interests in connection with the issuance of the non-tidal wetlands permit at issue.

Petitioners, Douglas and Vanessa Wietzke, filed a four-count complaint against the Chesapeake Conference Association of Seventh-Day Adventists (the Church), alleging nuisance, trespass, and negligence in connection with the construction of a new parking lot by the Church. The Wietzkes claimed the lot was the cause of continued flooding of their home and requested damages and injunctive relief. The circuit court granted the Church's motion for judgment on the negligence claim then entered judgment in favor of the Church on the nuisance and trespass claims. The court of special appeals affirmed. The Court of Appeals granted certiorari to answer several questions, most of which related to the trial judge's denial of several of the Wietzkes' requested jury instructions. The Court affirmed in part and reversed in part, holding (1) the trial court did not err in denying Wietzke's proposed jury instructions, (2) the model jury instructions requiring a finding of unreasonable conduct in a private nuisance action were a correct exposition of the law, and (3) the trial court erred in granting the Church's motion for judgment on the Wietzkes' negligence claim as the evidence could have supported a negligence claim.