ELECTRO-NUCLEONICS v. WSSC

No. 58, SEPTEMBER TERM, 1988.

315 Md. 361 (1989)

554 A.2d 804

ELECTRO-NUCLEONICS, INC. v. WASHINGTON SUBURBAN SANITARY COMMISSION.

Court of Appeals of Maryland.

Motion for Reconsideration Denied May 5, 1989.


Attorney(s) appearing for the Case

David D. Freishtat (Larry N. Gandal, Ian C. Ballon, Shulman, Rogers, Gandal, Pordy & Ecker, P.A., on brief), Rockville, for petitioner and cross-respondent.

Wilbur D. Preston, Jr. (Richard J. Magid, William F. Ryan, Jr., Carol A. Zuckerman, Whiteford, Taylor & Preston, Baltimore, and Nathan J. Greenbaum, Robert H. Drummer, Hyattsville, on brief), for respondent and cross-petitioner.

Argued before MURPHY, C.J., ELDRIDGE, COLE, RODOWSKY, McAULIFFE and BLACKWELL, JJ., and CHARLES E. ORTH, Jr., Associate Judge of the Court of Appeals of Maryland (retired, Specially Assigned).


RODOWSKY, Judge.

Appellant, the owner of the fee simple estate in property adjacent to that condemned by the appellee, relies on two theories to support this inverse condemnation case. The first submission is that the appellee has taken property of the appellant in the form of the benefit of certain restrictive covenants which had burdened the condemned property. On that theory this action is barred by limitations. Appellant also submits that the appellee's use of...

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