Legal Opinion
Washington Suburban Sanitary Commission v. Frankel
Court of Special Appeals of Maryland
Decided June 7, 1984No. 369, September Term, 1983PublishedCited by 10 opinions
1Opinion of the Court
ADKINS, Judge.
The question presented in this case is whether an equitable servitude or negative easement created by a restrictive covenant is a property interest for which just compensation must be paid when the servitude or easement is extinguished by condemnation of the land that is subject to it. 1 The question arises in the following factual context:
In 1956, Contee Sand & Gravel Company, Inc. owned and operated as a mining facility a 385 acre tract of land in Montgomery County, near the Prince George’s County line. Apparently in order to obtain a renewal of its mining special exception,…
2Cases cited61 opinions
- Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
- Lynch v. United StatesSupreme Court of the United States · 1934
- United States v. General Motors Corp.Supreme Court of the United States · 1945
- Bureau of Mines v. George's Creek Coal and Land Co.Court of Appeals of Maryland · 1974
- Allen v. City of DetroitMichigan Supreme Court · 1911
56 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Nova Research, Inc. v. Penske Truck Leasing Co.Court of Appeals of Maryland · 2008
- Washington Suburban Sanitary Commission v. Cae-Link Corp.Court of Appeals of Maryland · 1993
- Washington Suburban Sanitary Commission v. FrankelCourt of Appeals of Maryland · 1985
- Electro-Nucleonics, Inc. v. Washington Suburban Sanitary CommissionCourt of Appeals of Maryland · 1989
- Mercantile-Safe Deposit & Trust Co. v. Mayor of BaltimoreCourt of Appeals of Maryland · 1987
5 more not listed; retrieve them via the Exa API.