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MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION v. McCAW

[No. 497, September Term, 1965.]

246 Md. 662 (1967)

229 A.2d 584

MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION v. McCAW

Court of Appeals of Maryland.

Decided May 12, 1967.

Attorney(s) appearing for the Case

Harry W. Lerch (on both arguments), with whom was Thomas E. Jones on the brief for appellant.

Frank B. Haskell, III (on both arguments), with whom were Mitchell, Clagett & Euwer on the brief for appellee.

The cause was argued on February 13, 1967 before HORNEY, MARBURY, OPPENHEIMER, McWILLIAMS, and FINAN, JJ.; and reargued on March 10, 1967 before HAMMOND, C.J., and HORNEY, MARBURY, OPPENHEIMER, BARNES, McWILLIAMS and FINAN, JJ.

OPPENHEIMER, J., delivered the majority opinion of the Court. BARNES, MARBURY, and McWILLIAMS, JJ., dissent. Dissenting opinion by BARNES, J., at page 677, infra.

The question presented by this appeal is whether a subdivision plat in which land is dedicated to public use can be abandoned when the land is within an area designated for public taking as a regional park, and the local law under which the abandonment is sought provides that the plat can be abandoned only...

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