Supreme Court of Maryland
Chesapeake Bay Found. v. Creg Westport I
August 26, 2022
Summary
The court held that approval of a forest conservation plan and an associated waiver permitting removal of protected specimen trees constituted a final agency decision subject to independent judicial review. Although the plan was reviewed concurrently with other development approvals, it applied distinct statutory and regulatory criteria, fixed the permitted scope of tree removal, and left nothing further for the agency to decide on that issue. The court therefore reversed and remanded for further proceedings.