MARK DOWNS, INC. v. McCORMICK PROP., INC.

No. 874, September Term, 1981.

51 Md. App. 171 (1982)

441 A.2d 119

MARK DOWNS, INCORPORATED ET AL. v. McCORMICK PROPERTIES, INCORPORATED ET AL.

Court of Special Appeals of Maryland.

Decided March 5, 1982.


Attorney(s) appearing for the Case

H. Patrick Stringer, Jr., with whom was Edward L. Blanton, Jr., on the brief, for appellants.

C. Gordon Haines, with whom was Christopher Russo on the brief, for appellee Noxell Corporation. Robert J. Aumiller for appellees MacKenzie & Associates, Clark F. MacKenzie and Roland R. MacKenzie. Laurie R. Bortz, with whom were William B. Somerville and Arnold Jablon on the brief, for appellee Board of Education. Ernest C. Trimble for appellee McCormick Properties, Incorporated. Stanley J. Schapiro, Assistant County Solicitor for Baltimore County, with whom was Leonard S. Jacobson, County Solicitor for Baltimore County, on the brief, for appellee Baltimore County, Maryland.

The cause was argued before LOWE and WILNER, JJ., and CHARLES E. ORTH, JR., Associate Judge of the Court of Appeals (retired), specially assigned.


WILNER J., delivered the opinion of the Court.

Appellants (hereafter referred to as complainants) own or lease property in the Cockeysville area of Baltimore County near the intersection of York Road and Beaver Run Lane. In September, 1979, their property was flooded and substantially damaged as an aftermath of tropical storm "David"; and, through this lawsuit, they seek to place at least part of the responsibility for...

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