PECK v. BALTIMORE COUNTY

[No. 24, September Term, 1979.]

286 Md. 368 (1979)

410 A.2d 7

ELIZABETH SELLERS PECK ET AL. v. BALTIMORE COUNTY, MARYLAND

Court of Appeals of Maryland.

Decided December 6, 1979.


Attorney(s) appearing for the Case

William A. Hylton, Jr., with whom was Louise Michaux Gonzales on the brief, for appellants.

Jack R. Sturgill, Jr., Assistant County Solicitor, with whom were Leonard S. Jacobson, County Solicitor, and Harry S. Shapiro, Chief Assistant County Solicitor, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, ORTH, COLE and DAVIDSON, JJ.


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

This case involves the condemnation of the fee simple title to the bed of a street in Towson. Questions are raised as to whether the public easement was abandoned, whether a proposed use is within the scope of the easement, and the proper role of summary judgment. We cannot say as a matter of law whether there was or was not an abandonment because we conclude that triable issues of fact are presented. Accordingly, we...

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