Legal Opinion

Arundel Corp. v. Marie

Court of Appeals of Maryland

Decided November 9, 2004No. 1, September Term, 2004PublishedCited by 54 opinions

1Opinion of the CourtWilner, J.

The issues before us are (1) whether a right of first refusal that is clearly void under the traditional common law rule against perpetuities is saved by virtue of the legislative modification of that rule contained in Maryland Code, § 11-103 of the Estates and Trusts Article, and (2) if not, whether we should save it by modifying the traditional common law rule. The Circuit Court for Baltimore County held that the right was not saved under the statute. We agree with that conclusion and shall decline the invitation to modify the common law rule.

BACKGROUND

On July 28, 1960, Camille and Mary…

2Cases cited25 opinions

  1. Harrison v. Montgomery County Board of EducationCourt of Appeals of Maryland · 1983
  2. Witte v. AzarianCourt of Appeals of Maryland · 2002
  3. Felder v. ButlerCourt of Appeals of Maryland · 1981
  4. Hardy v. StateCourt of Appeals of Maryland · 1984
  5. Toler v. Motor Vehicle AdministrationCourt of Appeals of Maryland · 2003

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3Cited by54 opinions

  1. Kushell v. Department of Natural ResourcesCourt of Appeals of Maryland · 2005
  2. Chow v. StateCourt of Appeals of Maryland · 2006
  3. BOARD OF ED. OF BALTIMORE CTY. v. Zimmer-RubertCourt of Appeals of Maryland · 2009
  4. Maryland Overpak Corporation v. Mayor of BaltimoreCourt of Appeals of Maryland · 2006
  5. Tribbitt v. StateCourt of Appeals of Maryland · 2008

49 more not listed; retrieve them via the Exa API.

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