Kirby v. Hook

CHASANOW, Judge.

In this case, we are called upon to decide whether the Court of Special Appeals erred in affirming the Circuit Court for Allegany County’s decision to grant an injunction prohibiting Petitioners from interfering with or obstructing Respondents’ use of water from a spring located on Petitioners’ land. We shall affirm the judgment of the Court of Special Appeals.

I

This case concerns an easement to take water from a spring. The spring is located on a parcel of land in Allegany County that was once part of a 3.42 acre parcel owned by Thomas and Mary Machín. On January 31, 1930, the…