Peck v. Baltimore County

This case involves the condemnation of the fee simple title to the bed of a street in Towson. Questions are raised as to whether the public easement was abandoned, whether a proposed use is within the scope of the easement, and the proper role of summary judgment. We cannot say as a matter of law whether there was or was not an abandonment because we conclude that triable issues of fact are presented. Accordingly, we hold that the Court of Special Appeals in affirming a summary judgment erred in Peck v. Baltimore County, 41 Md. App. 323, 397 A.2d 615 (1979). Thus, the case must be remanded…