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Maryland Easement Law
Erin Brown v. Grace Smith

In this case, we must examine the nature of a nominal damages award, and whether there is a maximum limitation on the dollar amount that can be considered nominal damages. We do so in the context of a claim that appellants and cross-appellees Erin and Norma Brown trespassed on property owned by Grace and Viola Smith, appellees and cross-appellants, by traveling over a farm lane to access a public ... More...   $0 (03-29-2007 - MD)

Bethel World Outreach v. Montgomery County Council

Bethel World Outreach Ministries brought this action asserting that Montgomery County’s zoning regulations, which prevented Bethel from constructing a church, violated the Religious Land Use and Institutionalized Persons Act ("RLUIPA"), the United States Constitution, and the Maryland Declaration of Rights. The district court granted summary judgment to the County on all claims. For the reasons ... More...   $0 (01-31-2013 - MD)

Harold William Purnell v. Beard & Bone, LLC

Appellee, Beard and Bone, LLC, (Beard & Bone) filed a complaint to quiet title and for declaratory judgment against Mary Ann Cantwell (Cantwell) in the Circuit Court for Worcester County. Beard & Bone later filed an amended complaint, which added appellants, the Estate of Helen Marie Brittingham Purnell, Marion Purnell Smith, Harold William Purnell, and Eunice Purnell Williams (the Purnells), as p... More...   $0 (05-01-2012 - MD)

David Clickner, et ux. v. Magothy River Association, Inc., et al.

Six individuals and the Magothy River Association, Inc. (collectively, “Association” or “Appellees”) brought suit against the recent purchasers of Dobbins Island, David and Diana Clickner (“Clickners” or “Appellants”), seeking to establish a public right to use a beach located alongside the island’s northern crescent area. Following a bench trial on the merits, the trial judge de... More...   $0 (01-20-2012 - MD)

Long Green Valley Association v. Bellevale Farms, Inc.

Appellants Long Green Valley (“LGVA”) and John and Susan Yoder (“the Yoders”) appeal the issuance of a declaratory judgment by the Circuit Court for Baltimore County in favor of appellees: Bellevale Farms, Inc., Bellevale Farms Limited Partnership, Prigel Family Creamery, Inc., and Robert E. and Carol A. Prigel (collectively, “Bellevale”), and the Maryland Agricultural Land Preservatio... More...   $0 (02-14-2012 - MD)

John T. Turner v. Donald E. Bourchard

Appellee, Donald E. Bouchard, filed a declaratory judgment action against his neighbors, appellants, John T. Turner and Marie Turner (collectively, “Turner”), on April 16, 2007 in the Circuit Court for Calvert County. Following a bench trial on April 2, 2008 and April 25, 2008, the circuit court on August 25, 2008 issued an opinion and order holding that Bouchard had a prescriptive easement ov... More...   $0 (12-02-2011 - MD)

Columbia Association, Inc. v. Joseph L. Poteet

On August 14, 1969, appellees, Joseph Poteet and Shirley Clarke-Poteet (the “Poteets”), acquired title to real property that, pursuant to a declaration executed by the Poteets’ predecessor in title, was subject to certain covenants, easements, charges, and liens. Article II of the declaration provided for a charge to be levied in each year against the property subject to the declaration, whi... More...   $0 (07-01-2011 - MD)

Amabile v. Winkles

Appellants, Angelo N. Amabile and wife (the Amabiles), here seek to overturn the decree of a trial judge (Macgill, C.J.) in the Circuit Court for Howard County as modified by the Court of Special Appeals in Amabile v. Winkles, 24 Md. App. 292, 330 A.2d 473 (1975). The facts were fully set forth in that opinion. We shall relate only such facts as are necessary for a full understanding of the contro... More...   $0 (10-28-1975 - MD)

Nellie M. Michael v. Laurie E. Needham

This appeal arises out of a dispute between owners of adjoining tracts of land over the alleged existence of a right of way of necessity claimed by the owner of a "landlocked" property, Nellie M. Michael, appellant, over the tract of land owned by the appellee, Laurie E. Needham.

The dispute had its origin in the fact that prior to September 22, 1931 one Raleigh Sherman was the owner of two... More...
   $0 (04-14-1978 - MD)

Carole M. Fagnani v. Jeffrey B. Bisher

This case involves a foreclosure sale at which appellant Ricardo Fagnani’s brother, Ronald Fagnani, bought the interest of appellant and his wife, appellant Carole Fagnani, in the house the two Fagnani brothers had owned with, and then inherited from, their mother.

The Circuit Court for Montgomery County overruled appellants’ exceptions to the sale and ratified it. The appellants appeal... More...
   $0 (02-03-2010 - MD)

Pines Point Marina, A Condominium Council of Unit Owners, Inc. v. Jim Rehak, et al.

The issue presented to the Court by this case is whether a condominium council of unit owners, which under Md. Code, Real Property Article, § 11-109(d) (2003 & Supp. 2008) “may be either incorporated as a nonstock corporation or unincorporated,” has standing to file and maintain a lawsuit during the time its corporate charter was forfeit. The Circuit Court for Worcester County, entering summa... More...   $0 (12-22-2008 - MD)

Geraldine E. Goss, et al. v. C.A.N. Wildlife Trust, Inc.

We are asked to decide whether the right to hunt and fish on an adjoining property owner's land, when that right has been acquired by deed, is a "license" or a "profit a prendre." In this instance, we conclude it is a profit a prendre.

The parties to this controversy are appellants Geraldine E. Goss and her daughter, Christine L. Franklin, who own the right to hunt and fish on a propert... More...   $0 (07-07-2004 - MD)

Maureen E. Walsh v. Potomac Airfield Airport, et al.

Having settled with Griffioen's estate and employer, Walsh now sues the neighboring landowners for maintaining the tall trees on their property and the Potomac Airfield for operating its runway in an unsafe location. The district court dismissed Walsh's complaint against the landowners pursuant to Fed. R. Civ. P. 12(b)(6) and granted summary judgment for Potomac Airfield. For the reasons that ... More...   $0 (03-27-2002 - MD)

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