Beveridge & Diamond

Beveridge & Diamond Convinces Court of Special Appeals to Uphold Trial Court Ruling in Favor of Client

Beveridge & Diamond, P.C., May 19, 2014

The Baltimore office of Beveridge & Diamond, P.C. successfully convinced the Maryland Court of Special Appeals to uphold a trial court ruling of summary judgment in favor of our client, Constellation Power Source Generation, Inc.  The decision in Smith v. Constellation Power Source Generation, Inc., et al. (Md. Ct. Spec. App. May 8, 2014) affirmed the trial court’s ruling under the primary jurisdiction doctrine that a private citizen does not have the right to enforce a Consent Decree between our client and the State relating to the use of coal combustion byproducts as reclamation fill for two sand and gravel mining pits located in Anne Arundel County, Maryland.  The Court of Special Appeals also affirmed the trial court’s ruling that there was no evidence that our client’s actions in connection with the reclamation activities were actionable as a nuisance.  In affirming the lower court’s decision, the Court of Special Appeals emphasized that “[t]he evidence in the record reflects that [our client and the owner of the mining pits] are operating under, and are compliant with, the Consent Decree,” and that the plaintiff/appellant “offered no competent proof of any damages” to his property as a result of the reclamation activities. 




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