Washington Suburban Sanitary Commission v. Frankel

RODOWSKY, Judge.

This case presents the question: Are the owners of dominant lands which are benefited by a covenant restricting the use of servient land entitled to just compensation because the servient land has been condemned for a public use prohibited by the restriction? Unfortunately we do not reach the question because there is no appealable judgment.

Three declarations executed, acknowledged, and recorded among the land records in 1956 and in 1959 by the then owners of 347.4369 acres of Montgomery County land (the parent tract) imposed restrictive covenants on the parent tract. 1 The…