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ANNE ARUNDEL CTY. v. BALTO. & A.R.R. CO.

No. 1488, September Term, 1979.

46 Md. App. 350 (1980)

416 A.2d 777

ANNE ARUNDEL COUNTY, MARYLAND v. THE BALTIMORE AND ANNAPOLIS RAILROAD COMPANY ET AL.

Court of Special Appeals of Maryland.

Decided July 15, 1980.

Attorney(s) appearing for the Case

John M. Court, Assistant County Solicitor, with whom was Richard Lazer Hillman, County Solicitor, on the brief, for appellant.

Joseph I. Huesman, with whom were Lerch & Huesman on the brief, for appellee The Baltimore and Annapolis Railroad Company. James P. Bennett, with whom were James A. Biddison, Jr., and C. Fred Delavan on the brief, for appellee Baltimore Gas and Electric Company.

The cause was argued before MELVIN and WILNER, JJ., and J. LOUIS BOUBLITZ, Associate Judge of the District Court of Maryland for District 11, specially assigned.

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

As one might reasonably surmise from its corporate name, the Baltimore and Annapolis Railroad Company (B & A) once ran a railroad between Baltimore and Annapolis. It has not done so, however, since 1969 — not regularly, not at all. For at least four years, Anne Arundel County (the county), wherein most of the track is located, has been vainly seeking an authoritative determination from someone that the line...

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