Kor-Ko Ltd. v. Department of EnvironmentAnnotate this Case
Kor-Ko, Ltd. sought to overturn the Maryland Department of the Environment’s (MDE) grant of a construction permit to Maryland Crematory, LLC (MC) to operate a crematorium in the same commercial park building containing Kor-Ko’s business operations. Kor-Ko argued that the MDE failed to adequately consider the health of people within the park due to the emissions to the air from the operation of the crematorium. The Court of Special Appeals affirmed the MDE’s issuance of the permit. The Court of Appeals affirmed, holding that the MDE’s issuance of the permit to construct MC’s incinerator was permissible because (1) the MDE’s interpretation of “premises” as extending to the property line of the commercial park was free of legal error; and (2) the MDE’s application of the term vis-a-vis allowing the modeling of toxins at the property line was not arbitrary or capricious.