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ROGERS v. P-M HUNTER'S RIDGE, LLC

No. 76 September Term, 2008.

967 A.2d 807 (2009)

407 Md. 712

Joseph Sheppard ROGERS, Trustee v. P-M HUNTER'S RIDGE, LLC, et al.

Court of Appeals of Maryland.

March 18, 2009.

Attorney(s) appearing for the Case

Price O. Gielen (Ryan R. Dietrich of Neuberger, Quinn, Gielen, Rubin & Gibber, P.A., Baltimore), on brief, for petitioner.

Gina M. Smith (Joseph B. Chazen and Chantelle M. Custodio of Meyers, Rodbell & Rosenbaum, P.A., Riverdale), on brief, for respondents.

ARGUED BEFORE BELL, C.J., BATTAGLIA, GREENE, MURPHY, BARBERA, LAWRENCE F. RODOWSKY (Retired, specially assigned), and RAYMOND G. THIEME, JR. (Retired, specially assigned), JJ.

BATTAGLIA, Judge.

The gravamen of this case is whether a servient tenant, who acquiesces in the placement of a roadway easement established in deeds in which two placement options were provided, can extinguish that easement in favor of the second option, without the consent of the dominant tenant.1 Associated with this question are issues related to the placement of utility easements. The Circuit...

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