In re: Foster Farm

Summary

The Supreme Court of Maryland reversed the Appellate Court’s judgment because the agency did not decide any issue under the State Right to Farm statute, making that issue outside the scope of judicial review. The Court also held that the Board’s conclusion that the stockpiling and application of biosolids and soil conditioners were generally accepted agricultural practices under the County ordinance was unsupported by substantial evidence because the Board inadequately addressed the quantities and intended destinations of the materials and made no finding concerning public health, safety, and welfare. The Court reversed rather than remanded because the parties had fully litigated the matter before the Board and an additional evidentiary opportunity was unwarranted.