Electro-Nucleonics, Inc. v. Washington Suburban Sanitary Commission

RODOWSKY, Judge.

Appellant, the owner of the fee simple estate in property adjacent to that condemned by the appellee, relies on two theories to support this inverse condemnation case. The first submission is that the appellee has taken property of the appellant in the form of the benefit of certain restrictive covenants which had burdened the condemned property. On that theory this action is barred by limitations. Appellant also submits that the appellee’s use of the adjacent property effects a taking of the appellant’s fee simple property, but there is no evidence to support a taking in the…