Legal Opinion
Maryland-National Capital Park and Planning Commission v. McCaw
Court of Appeals of Maryland
Decided May 12, 1967No. [No. 497, September Term, 1965.]PublishedCited by 23 opinions
1Opinion of the Court
Oppenheimer, J.,
delivered the majority opinion of the Court. Barnes, Marbury, and McWilliams, JJ., dissent. Dissenting opinion by Barnes, J., at page 677, infra.
The question presented by this appeal is whether a subdivision plat in which land is dedicated to public use can be abandoned when the land is within an area designated for public taking as a regional park, and the local law under which the abandonment is sought provides that the plat can be abandoned only if “no damage can be in any wise sustained by persons other than the petitioners.”
In November, 1908, a plat of subdivision…
2Cases cited17 opinions
- Town of Somerset v. Montgomery County Board of AppealsCourt of Appeals of Maryland · 1966
- Moale v. Mayor of BaltimoreCourt of Appeals of Maryland · 1853
- DuBay v. CraneCourt of Appeals of Maryland · 1965
- MURRAY, ETC. v. Comptroller of TreasuryCourt of Appeals of Maryland · 1966
- In Re Buckler TrustsCourt of Appeals of Maryland · 1924
12 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Gardner v. City Of BaltimoreCourt of Appeals for the Fourth Circuit · 1992
- Matter of AndersonCourt of Appeals of Maryland · 1974
- South Easton Neighborhood Ass'n, Inc. v. Town of EastonCourt of Appeals of Maryland · 2005
- Prince George's Cty. v. Mayor and City of LaurelCourt of Appeals of Maryland · 1971
- Gardner v. City of Baltimore MayorCourt of Appeals for the Fourth Circuit · 1992
18 more not listed; retrieve them via the Exa API.