Land Resource Press Release
Supreme Court affirms the DNR interpretation of the Coastal Marshlands Protection Act
FOR IMMEDIATE RELEASE

http://www.landresource.com/pressroom/details.php?id=191

ATLANTA (Nov. 17, 2008) - In an action involving a marina permit issued to Land Resource and Point Peter, LLC, the developer of residential resort community Cumberland Harbour, the Georgia Supreme Court upheld a lower court's ruling that the Coastal Marshland Protection Act does not extend to the upland portion of a development. Instead, the Supreme Court has agreed with the Department of Natural Resources' long-standing interpretation that the Act is directed at the regulation of coastal marshlands, which are defined by the General Assembly in a manner that does not include upland areas.

As a result of the 5-2 decision written by Justice Hines and released on November 17, the Cumberland Harbour marina permitting process may proceed.

"We are pleased with the Court's decision and look forward to working with the DNR and Army Corps of Engineers to finalize our permits so the residents of St. Marys and Cumberland Harbour can finally get the marina they deserve," stated J. Robert Ward, CEO and President of Land Resource.

The Court based its decision on the language of the Coastal Marshlands Protection Act, confirmed in the rules adopted by the Board of Natural Resources. The Court resoundingly rejected the notion that the General Assembly intended to establish the Coastal Marshlands Protection Committee (CMPC) as the "super regulator" of any and all development in the coastal areas of the State.

Before actual construction of the marina can begin at Cumberland Harbour, the company must finalize the Biological Assessment, as well as obtain the final permit from the CMPC, in order to receive the permit that is required from the U.S. Army Corps of Engineers.