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BAER v. BD. OF CO. COMM'RS

[No. 384, September Term, 1968.]

255 Md. 163 (1969)

257 A.2d 201

BAER ET UX. v. BOARD OF COUNTY COMMISSIONERS OF WASHINGTON COUNTY

Court of Appeals of Maryland.

Decided October 9, 1969.

Attorney(s) appearing for the Case

Kenneth J. Mackley, with whom were Ottinger, Mackley & Gilbert on the brief, for appellants.

James F. Strine for appellee.

The cause was argued before HAMMOND, C.J., and MARBURY, BARNES, McWILLIAMS, FINAN, SINGLEY and SMITH, JJ.

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

In 1966, Mr. and Mrs. Baer bought a lot on Woodburn Drive in Orchard Grove, a residential district north of Hagerstown. After they completed construction of a house on the lot, they discovered that surface water was accumulating in their rear yard after heavy rains. Convinced that this condition was caused by drainage pipes which the Board of County Commissioners of Washington County (the County) had installed in 1958...

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