BAMA, INC. v. ANNE ARUNDEL COUNTY

No. 286, September Term, 1982.

53 Md. App. 14 (1982)

451 A.2d 1261

BAMA, INC. ET AL. v. ANNE ARUNDEL COUNTY, MARYLAND.

Court of Special Appeals of Maryland.

Decided November 5, 1982.


Attorney(s) appearing for the Case

David A. Simison, with whom were Solomon & Messinger, P.A. on the brief, for appellant Bama, Inc. Laurie R. Bortz, with whom were Howard G. Goldberg and Smith, Somerville & Case on the brief, for appellant Fidelity and Deposit Company.

Karen Alexa Murphy, Assistant County Solicitor for Anne Arundel County, with whom was Steven P. Resnick, County Solicitor for Anne Arundel County, on the brief, for appellee.

The cause was argued before LOWE, BISHOP and GARRITY, JJ.


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

Appellant Bama, Inc., is a developer who agreed to improve a road adjoining its development and to donate 15 feet of land to widen it. This agreement was imposed by appellee Anne Arundel County as a condition for approving the right to develop. Appellant Fidelity and Deposit Company of Maryland (F & D) guaranteed Bama's performance by issuing to the County a performance...

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