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MACKIE v. TOWN OF ELKTON

[No. 306, September Term, 1971.]

265 Md. 410 (1972)

290 A.2d 500

MACKIE ET AL. v. MAYOR AND COMMISSIONERS OF THE TOWN OF ELKTON

Court of Appeals of Maryland.

Decided May 10, 1972.

Attorney(s) appearing for the Case

Frank Thomas Howard, with whom was Wm. Wilson Bratton on the brief, for appellants.

O. Robert Lidums, with whom was Edward D.E. Rollins, Jr., on the brief, for appellee.

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

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

HAMMOND, C.J., and SMITH, J., dissent and HAMMOND, C.J., filed a dissenting opinion in which SMITH, J., concurred at page 423 infra.

The appellant (Mackie) owns and farms a number of acres in the northeast corner of Cecil County about a mile from the Mason and Dixon line. This "rolling and scenic" countryside is drained by Little Elk Creek and a number of its small but picturesque tributaries. For...

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