DEP'T OF NATURAL RESOURCES v. WELSH

No. 28, September Term, 1986.

308 Md. 54 (1986)

521 A.2d 313

DEPARTMENT OF NATURAL RESOURCES v. W. MITCHELL WELSH.

Court of Appeals of Maryland.

Motion for Reconsideration filed December 23, 1986.

Opinion Modified March 5, 1987.

Motion Denied March 5, 1987.


Attorney(s) appearing for the Case

Pamela D. Andersen, Asst. Atty. Gen. (Stephen H. Sachs, Atty. Gen., Thomas A. Deming, Asst. Atty. Gen., on brief), Annapolis, for appellant.

H. Jack Price, Jr. (Wilson & Wilkinson, on brief), Cumberland, for appellee.

Argued before MURPHY, C.J., ELDRIDGE, COLE, RODOWSKY, COUCH, McAULIFFE, JJ., and MARVIN H. SMITH, Associate Judge of the Court of Appeals of Maryland (retired) Specially Assigned.


MARVIN H. SMITH, Judge Retired, Specially Assigned.

We shall here hold that the doctrine of sovereign immunity does not prevent the bringing of a suit to quiet title by appellee W. Mitchell Welsh against the Department of Natural Resources (the Department). We shall further hold that in an earlier eminent domain proceeding the Department did not acquire the title of Welsh's predecessors to the land here in dispute. Accordingly, we shall affirm the judgment of the...

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