Legal Opinion

Funger v. Mayor of Somerset

Court of Appeals of Maryland

Decided October 12, 1966No. [No. 216, September Term, 1966.]PublishedCited by 46 opinions

1Opinion of the CourtHammond, C. J.

The five appellants sought to construct a high-rise apartment house on part of a tract of some thirty acres they own in the Town of Somerset, a municipal corporation in Montgomery County close to the District of Columbia line. The Town had misgivings and in 1963 appellants agreed to give it a scenic easement on several acres, to convey to it in fee simple twelve acres of the thirty acres, and to execute a covenant as to the use of the site if the Town would not oppose rezoning 1 by Montgomery County from R-60 to R-H (multi-family, highrise, residential), and would not oppose any use permitted…

2Cases cited15 opinions

  1. Grimes v. SandersSupreme Court of the United States · 1876
  2. Pang-Tsu Mow v. Republic of China (Two Cases)Court of Appeals for the D.C. Circuit · 1953
  3. Cumberland Coal & Iron Co. v. ShermanCourt of Appeals of Maryland · 1863
  4. George P. Converse & Co., Inc. v. Polaroid CorporationCourt of Appeals for the First Circuit · 1957
  5. Hook v. Hook & Ackerman, Inc.Court of Appeals for the Third Circuit · 1954

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3Cited by46 opinions

  1. Consumer Protection Division Office of the Attorney General v. Consumer Publishing Co.Court of Appeals of Maryland · 1985
  2. Washington Homes, Inc. v. Interstate Land Development Co.Court of Appeals of Maryland · 1978
  3. Diener Enterprises, Inc. v. MillerCourt of Appeals of Maryland · 1972
  4. Pappas v. PappasCourt of Appeals of Maryland · 1980
  5. American Structures, Inc. v. Mayor of BaltimoreCourt of Appeals of Maryland · 1976

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