| Maryland's Claim that Virginia's Compact Rights Do Not Apply
Above Tidewater: Binney 's Case and Middlekauff 44
UNDISPUTED MATTERS ENTITLING VIRGINIA
TO PARTIAL SUMMARY JUDGMENT 47
ARGUMENT 48
VIRGINIA'S POTOMAC RIVER ACCESS RIGHTS ARE NOT LIMITED TO THE TIDAL
PORTION OF THE POTOMAC RIVER BUT APPLY ALONG THE ENTIRE BOUNDARY
BETWEEN THE STATES 48
A. The Plain Language of the Compact of 1785 Established Virginia's Right to Use
the River and to Build Wharves and Improvements Appurtenant to the Virginia
Shoreline, Without Regard to Whether Such Use or Construction was Above or
Below the Falls 49
1. The Words of Article VII, Standing Alone, Are Simple and Clear.
They Admit of Only One Meaning
2. The Plain Meaning of Article VII Is Consistent with the Remainder
of the Compact .....
B. The Black-Jenkins Award of 1877 Reconfirmed Virginia's Potomac River
Access Rights Along the Entire Boundary 60
C. 1laryland v. West Virginia Reconfirmed that Virginia's Potomac River
Access Rights Apply Above Tidewater 65
CONCLUSION 68
CERTIFICATE OF SERVICE 69
APPENDIX
Chronology of Selected Events Related
to the Mt. Vernon Compact of 1785 and its Progeny Tab 1
Map Tab 2
Declaration of Roland C. Steiner Tab 3
iii
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