Maryland State Archives

Opinion by Richard E. Israel, dated March 29, 2002, concerning riparian owners right to "wharf out". Opinion is in relation to Senate Bill 247 of the 2002 session of the Maryland General Assembly.

HARBOR ISLAND MARINA, INC. v. BOARD OF COUNTY COMMISSIONERS OF CALVERT COUNTY, MARYLAND, 286 Md. 303-323

Senate Bill 247, Atlantic Coastal Bays Protection Act

History by Legislative Date
Senate Action
1/18 First Reading Education Health and Environmental Affairs
1/23 Hearing 2/5 at 1:00 p.m.
1/30 Hearing cancelled,Hearing 2/12 at 1:00 p.m.
3/18 Favorable with Amendments Report by Education Health and Environmental Affairs
3/19 Favorable with Amendments, Laid Over (Senator Stoltzfus) Adopted
3/20 Favorable with Amendments, Special Order 2/21 (Senator Stoltzfus) Adopted
3/21 Favorable with Amendments Report Adopted
Floor Amendment (Senator Frosh) Adopted
Floor Amendment (Senator Stoltzfus) Adopted (37-6)
Floor Amendment (Senator Della) Adopted (27-17)
Floor Amendment (Senator Neall) Adopted
Floor Amendment (Senator Stoltzfus) Rejected (14-30)
Floor Amendment (Senator Stoltzfus) Rejected (17-24)
Floor Amendment (Senator Stoltzfus) Rejected (19-25)
Second Reading Passed with Amendments
3/25 Special Order later today (Senator Stoltzfus) Adopted
Third Reading Passed (33-12)
4/6 Senate Concur - House Amendments
Third Reading Passed (46-1)
Passed Enrolled

House Action
3/25 First Reading Environmental Matters
4/6 Favorable with Amendments Report by Environmental Matters
4/4 Favorable with Amendments Report Adopted, Second Reading Passed with Amendments
4/5 Floor Amendment (Delegate Bozman)
Special Order later today (Delegate Owings) Adopted
Special Order later today (Delegate Owings) Adopted
Floor Amendment (Delegate Bozman) Withdrawn
Floor Amendment (Delegate Bozman) Adopted
Third Reading Passed with Amendments (132-3)

COURT OF APPEALS (Briefs) April Term 1882 No. 127 [MSA S 375-128, 1/64/14/9]

BALTIMORE COUNTY CIRCUIT COURT (Equity Docket) Volume 8 Page 164 [MSA C 326-8, 2/49/8/7]

BALTIMORE COUNTY CIRCUIT COURT (Equity Papers) Box 741 Case No. 4714 [MSA T 696, 0/35/6/17]

This case is metioned in Maryland's Sovereign Authority Over Potomac River Basin, 61 Md. Op. Atty Gen. 600 (1976)

TATEL, Circuit Judge: Through this action to quiet title to certain “filled,” i.e., reclaimed, lands lying on the bed of the Potomac River, the United States seeks to secure public access to the Alexandria, Virginia, waterfront. Defendant, the Old Dominion Boat Club, is an Alexandria private social club the bulk of whose property lies on that filled land. The district court held that despite the United States’ ownership of the riverbed, Old Dominion had not trespassed nor was it obligated to provide public access because, as a riparian owner abutting District of Columbia waters, it had the right to lay fill and build wharves. Since binding circuit precedent recognizes just such a right, we affirm.