FERTITTA v. BAY SHORE DEV. CORP.

[No. 374, September Term, 1971.]

266 Md. 59 (1972)

291 A.2d 662

FERTITTA v. BAY SHORE DEVELOPMENT CORPORATION ET AL.

Court of Appeals of Maryland.

Decided June 13, 1972.


Attorney(s) appearing for the Case

Charles C.W. Atwater, with whom were David A. Carney, Dwight C. Stone and Mylander, Atwater, Carney & Stone on the brief, for appellant.

Marcus J. Williams and Jack Dunlap for appellees.

The cause was argued before HAMMOND, C.J., and BARNES, McWILLIAMS, SINGLEY, SMITH and DIGGES, JJ., and JAMES MacGILL, Chief Judge of the Fifth Judicial Circuit, specially assigned.


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

This is the second trip to this Court of this case which had its origin in a surveyor's error prior to World War II. That error caused construction by the State Roads Commission (the Commission) of the "Ocean Highway" from Ocean City to Fenwick Island at a place other than in the location described in the deeds and its plats.1 See Fertitta v. Bay Shore Dev. Corp., 252...

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