FUNGER v. MAYOR OF SOMERSET

[No. 216, September Term, 1966.]

244 Md. 141 (1966)

223 A.2d 168

FUNGER, ET AL. v. MAYOR AND COUNCIL OF THE TOWN OF SOMERSET, ET AL.

Court of Appeals of Maryland.

Decided October 12, 1966.


Attorney(s) appearing for the Case

Norman M. Glasgow, with whom were George H. Clark, Whayne S. Quin and Wilkes & Artis and William A. Linthicum, Jr., on the brief, for appellants.

Alfred L. Scanlan, with whom were Shea & Gardner on the brief, for appellees.

The cause was argued before HAMMOND, C.J., and HORNEY, OPPENHEIMER, BARNES and McWILLIAMS, JJ.


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

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...

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