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IN THE COURT OF APPEALS OF MARYLAND No. 60 September Term, 1995 ________________________________________ SUGARLOAF CITIZENS' ASSOCIATION et al.

v.

DEPARTMENT OF ENVIRONMENT et al. _______________________________________ * Murphy, C.J. Eldridge Rodowsky Chasanow Karwacki Bell, JJ. ________________________________________ Opinion by Eldridge, J. ________________________________________ Filed: December 20, 1996

*Murphy, C.J., now retired, participated in the hearing and conference of this case while an active member of this Court; after being recalled pursuant to the Constitution, Article IV, Section 3A, he also participated in the decision and the adoption of this opinion.

The dispute in this case concerns the decision of the Maryland Department of the Environment (the Department) to issue two permits which authorized the construction of a solid waste incinerator near Sugarloaf Mountain in Dickerson, Maryland. A

group comprised of local landowners, environmental organizations and citizens' groups challenged the Department's decision by filing in the Circuit Court for Montgomery County an action for judicial review under the Maryland Administrative Procedure Act, Maryland Code (1984, 1995 Repl. Vol.),

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Maryland Law