Rogers v. P-M Hunter's Ridge, LLC

BATTAGLIA, Judge.

The gravamen of this case is whether a servient tenant, who acquiesces in the placement of a roadway easement established in deeds in which two placement options were provided, can extinguish that easement in favor of the second option, without the consent of the dominant tenant. 1 Associated with this question are issues related to the placement of utility-easements. The Circuit Court judge ruled in favor of the servient tenant, and the Court of Special Appeals affirmed. We granted certiorari, Rogers v. Hunter’s Ridge, 405 Md. 506, 954 A.2d 467 (2008), and are called upon to…