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WASHINGTON SUB. SAN. COM'N v. FRANKEL

No. 369, September Term, 1983.

57 Md. App. 419 (1984)

470 A.2d 813

THE WASHINGTON SUBURBAN SANITARY COMMISSION v. MORRIS FRANKEL, ET AL.

Court of Special Appeals of Maryland.

Certiorari Granted June 7, 1984.

Attorney(s) appearing for the Case

Carl Harrison Lehmann, Upper Marlboro, with whom was Henderson J. Brown, Hyattsville, on brief, for appellant.

David H. Bamberger, Baltimore, with whom was E. Fremont Magee, Baltimore, on brief for appellee, The Singer Company.

Gerald W. Heller, Washington, D.C., with whom were Aaron L. Handleman, Finley, Kumble, Wagner, Heine, Underberg, Manley & Casey, Washington, D.C., on brief for appellees, Computer Entry Systems Corp., Phillips, Blackburn, Cross and Peterson.

Argued before GARRITY, ADKINS and BLOOM, JJ.

ADKINS, Judge.

The question presented in this case is whether an equitable servitude or negative easement created by a restrictive covenant is a property interest for which just compensation must be paid when the servitude or easement is extinguished by condemnation of the land that is subject to it.1 The question arises in the following factual context:

In 1956, Contee Sand & Gravel Company, Inc. owned and operated as a mining...

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