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MELNICK v. C.S.X. CORP.

No. 112, September Term, 1986.

312 Md. 511 (1988)

540 A.2d 1133

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

Court of Appeals of Maryland.

May 6, 1988.

Attorney(s) appearing for the Case

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

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

Argued before ELDRIDGE, COLE, RODOWSKY, COUCH and McAULIFFE, JJ., and MARVIN H. SMITH and CHARLES E. ORTH, Jr., Associate Judges of the Court of Appeals of Maryland (Retired), Specially Assigned.

ELDRIDGE, Judge.

This case presents an issue never before decided by this Court: whether a landowner has a cause of action against an adjoining landowner when trees, vines, roots, and other plants or plant debris from the adjoining landowner's property encroach upon and cause damage to the landowner's property.

I.

The relevant facts are as follows.1 In 1978, the plaintiff Johnathan Melnick purchased a tract of land situated...

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