CITY OF BALTIMORE v. LANDAY

[No. 136, September Term, 1969.]

258 Md. 568 (1970)

267 A.2d 156

MAYOR AND CITY COUNCIL OF BALTIMORE, ET AL. v. LANDAY, ET UX.

Court of Appeals of Maryland.

Motions for rehearing filed on August 3, 1970.

August 4, 1970

Denied August 17, 1970.


Attorney(s) appearing for the Case

Howard E. Wallin, Assistant City Solicitor, Richard K. Jacobsen, Assistant City Solicitor, and James B. Murphy, Special Assistant City Solicitor, with whom were George L. Russell, Jr., City Solicitor, and Ambrose T. Hartman, Deputy City Solicitor, on the brief, for appellant Mayor and City Council of Baltimore.

Harry S. Shapiro, Assistant County Solicitor, with whom was R. Bruce Alderman, County Solicitor, on the brief, for appellant Baltimore County, Maryland.

Charles C.W. Atwater, with whom were Mylander & Atwater on the brief, for appellees.

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


By the City of Baltimore and on August 4, 1970. by Landay.

HAMMOND, C.J., delivered the opinion of the Court.

In 1941 Albert Landay and Cele Landay, his wife, the appellees, bought some fifteen acres of low land south of Pulaski Highway running from North Point Road to Herring Run. Over the years, they filled much of the land and caused it to be improved by a number of buildings which they rented to trucking firms and for other commercial uses at substantial...

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