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WALDSCHMIDT v. VITO

[No. 237, September Term, 1961.]

228 Md. 328 (1962)

179 A.2d 884

WALDSCHMIDT v. VITO ET AL.

Court of Appeals of Maryland.

Decided April 16, 1962.

Attorney(s) appearing for the Case

Michael Demyan and Thomas J. Wohlgemuth, with whom were Smith, Wohlgemuth & Westcott on the brief, for the appellant.

Eugene M. Childs, with whom were Childs & Bald and Burton, Heffelfinger, McCarthy & Kendrick on the brief, for the appellees.

The cause was argued before HENDERSON, HAMMOND, PRESCOTT, HORNEY and SYBERT, JJ.

HENDERSON, J., delivered the opinion of the Court.

In a controversy between adjoining landowners in regard to the use of a right of way over the land between their lots and the waterfront, the chancellor, after hearing, decreed that the complainant, Charles Waldschmidt, "has a right to the use of the land lying between his property and the shore of West River, in common with other lot owners in the development of Avalon Shores, Inc." He further decreed that the respondents...

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