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FERRERO CONSTR. v. DENNIS ROURKE CORP.

No. 139, September Term, 1985.

311 Md. 560 (1988)

536 A.2d 1137

FERRERO CONSTRUCTION COMPANY v. DENNIS ROURKE CORPORATION

Court of Appeals of Maryland.

Motion for Reconsideration Denied March 24, 1988.

Attorney(s) appearing for the Case

Robert C. Park, Jr. (Michael J. Gugerty and Linowes & Blocher, on the brief), Silver Spring, for appellant.

Marilyn J. Brasier (Thomas J. Walker, Jr., on the brief), Rockville, for appellee.

Before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, RODOWSKY, COUCH and McAULIFFE, JJ.

ELDRIDGE, Judge.

The principal question in this case is whether the Rule Against Perpetuities applies to a right of first refusal to purchase an interest in property.

The pertinent facts are as follows. On April 27, 1981, the plaintiff Dennis Rourke Corp. and the defendant Ferrero Construction Co. entered into a contract for the purchase of two lots on Mercy Court in Montgomery County, Maryland. This contract contained the following clause:

"In consideration...

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