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MACHT v. DEP'T OF ASSESSMENTS

[No. 16, September Term, 1972.]

266 Md. 602 (1972)

296 A.2d 162

MACHT AND MACHT, TRUSTEES U/W OF MORTON MACHT v. DEPARTMENT OF ASSESSMENTS OF BALTIMORE CITY

Court of Appeals of Maryland.

Motion for rehearing filed November 30, 1972.

Denied December 6, 1972.

Attorney(s) appearing for the Case

John S. McDaniel, Jr., with whom were Calhoun Bond and Cable, McDaniel, Bowie & Bond on the brief, for appellants.

Ambrose T. Hartman, Deputy City Solicitor, with whom were George L. Russell, Jr., City Solicitor, and Charles Freeland, Assistant City Solicitor, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and BARNES, McWILLIAMS, SINGLEY, SMITH and DIGGES, JJ., and JERROLD V. POWERS, Associate Judge of the Court of Special Appeals, specially assigned.

SINGLEY, J., delivered the opinion of the Court. BARNES and DIGGES, JJ., dissent and BARNES, J., filed a dissenting opinion in which DIGGES, J., concurs at page 616 infra.

This case poses a novel question, apparently one of first impression in this State: Are there circumstances where airspace superjacent to real property may be made the subject of a separate assessment on which state and local real estate taxes can be levied?

The hoary common law concept...

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