EBC Properties v. Urge Food Corp.

EBC Properties, LLC v. Urge Food Corp., Case No. 1952, September Term 2021. Opinion filed on February 28, 2023, by Berger, J. TRADE FIXTURES – INTENT OF TENANT CONTROLS – REMOVAL FROM, AND REPAIR TO, REALTY NOT DETERMINATIVE The three-factor fixture test articulated in Dudley v. Hurst,

67 Md. 44, 47

(1887), and relied upon by Maryland courts for nearly a century-and-a-half, focuses the analysis on the tenant’s intent when determining if the chattels installed are “trade fixtures,” and in so doing strictly construes the chattels’ attachment to the realty such that even structures requiring…