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TURNER v. BROCATO

[No. 73, October Term, 1954.]

206 Md. 336 (1955)

111 A.2d 855

TURNER ET AL. v. BROCATO ET AL.

Court of Appeals of Maryland.

Motion for rehearing filed March 21, 1955.

Denied March 23, 1955.

Attorney(s) appearing for the Case

Charles G. Page, with whom were H. Warren Buckler, Jr., and B. Taylor McLean, on the brief, for appellants.

Charles C. Atwater and Walter C. Mylander, Jr., with whom was Samuel M. Campanaro, on the brief, for the appellees, Ralph Brocato and Joseph Raymond.

Thomas N. Biddison, City Solicitor of Baltimore, Edwin Harlan, Deputy City Solicitor, and John R. Cicero, Assistant City Solicitor, submitted a statement on behalf of Mayor and City Council of Baltimore and Paul A. Cohen, Building Inspector Engineer of Baltimore City.

The cause was argued before DELAPLAINE, COLLINS, HENDERSON and HAMMOND, JJ.

HAMMOND, J., delivered the opinion of the Court.

The bill of complaint in this case was brought by the appellants, owners of homes in a residential development in the northern suburbs of Baltimore, whose lots were subject to restrictions against use for business, to obtain a declaration that the lot of the appellees was part of the development and, as such, similarly restricted, although it had been deeded by the developer free of restrictions. Right to relief was...

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