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PARK STATION v. BOSSE

No. 137, Sept. Term, 2002.

835 A.2d 646 (2003)

378 Md. 122

PARK STATION LIMITED PARTNERSHIP, LLLP v. James F. BOSSE, et ux.

Court of Appeals of Maryland.

November 13, 2003.

Attorney(s) appearing for the Case

G. Vann Canada, Jr. (Miles & Stockbridge, P.C., on brief), Rockville, for appellant/cross-appellee.

Timothy E. Meredith (Robert W. Warfield of Warfield Meredith & Darrah, P.C., on brief), Severna Park, for appellees/cross-appellants.

Argued before BELL, C.J., and ELDRIDGE, RAKER, WILNER, CATHELL, HARRELL and BATTAGLIA, JJ.

ELDRIDGE, Judge.

This declaratory judgment action presents two questions concerning a right of first refusal in a contract which, inter alia, granted reciprocal easements in two adjoining tracts of land. The first issue is whether a gift of property to a charitable foundation constitutes a "sale" within the meaning of the right of first refusal because the donors will receive a tax benefit from the gift. The second issue is whether the right of first refusal...

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