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MELNICK v. C.S.X. CORP.

No. 84, September Term, 1986.

68 Md. App. 107 (1986)

510 A.2d 592

JONATHAN MELNICK v. C.S.X. CORPORATION ET AL.

Court of Special Appeals of Maryland.

Certiorari Granted November 10, 1986.

Attorney(s) appearing for the Case

Richard W. Winelander (Barry T. Canaras, Melvin J. Kodenski and Kodenski & Canaras, on brief), Baltimore, for appellant.

Stephen B. Caplis (H. Russell Smouse, Melnicove, Kaufman, Weiner & Smouse, P.A. and Richard C. Keene, on brief), Baltimore, for appellees.

Argued before GILBERT, C.J., and GARRITY, ALPERT, JJ.

ALPERT, Judge.

The case before us is one of first impression in Maryland. It presents one simple question for our resolution:

Whether a landowner in a developed or urban area has a cause of action against the adjoining property owner when tree limbs, vines and leaves, which originate from the latter's property, cause injury to the former's property.

We hold that under the circumstances of the instant case, there is no cause of action and that the...

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