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HENSLEY v. MONTGOMERY COUNTY

No. 602, September Term, 1974.

25 Md. App. 361 (1975)

334 A.2d 542

EDWARD J. HENSLEY v. MONTGOMERY COUNTY, MARYLAND ET AL.

Court of Special Appeals of Maryland.

Decided March 20, 1975.

Attorney(s) appearing for the Case

James L. Baer, with whom was Robert P. Brady on the brief, for appellant.

Craig S. Rice, with whom were McInerney, Layne & McCormick on the brief, for appellee Montgomery County, Maryland.

Jeffrey R. Schmieler, with whom were Carlton L. Saunders and Saunders & Schmieler on the brief, for other appellee.

The cause was argued before MORTON, DAVIDSON and LOWE, JJ.

LOWE, J., delivered the opinion of the Court. DAVIDSON, J., dissents and filed a dissenting opinion at page 371 infra.

Edward Hensley was driving to the River Falls Subdivision which was his place of employment located on Stable Lane west of Brickyard Road in Montgomery County. The new development contained homes already occupied by "one hundred, one hundred twenty five" families, whose ingress and egress was obtained by use of Brickyard Road, an eighteen foot...

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