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WASHINGTON SUB. SAN. COMM'N v. FRANKEL

No. 58, September Term, 1984.

302 Md. 301 (1985)

487 A.2d 651

WASHINGTON SUBURBAN SANITARY COMMISSION v. MORRIS FRANKEL ET AL.

Court of Appeals of Maryland.

February 7, 1985.

Attorney(s) appearing for the Case

Carl Harrison Lehmann, Upper Marlboro, and Henderson J. Brown, Hyattsville, for appellant.

David H. Bamberger, Baltimore, and Aaron L. Handelman, Washington, D.C. (E. Freemont Magee, Baltimore, and Gerald W. Heller and Finley, Kumble, Wagner, Heine, Underberg, Manley & Casey, Washington, D.C., on the brief), for appellees.

Argued before MURPHY, C.J., SMITH, COLE, RODOWSKY and COUCH, JJ., and EDWARD D. HIGINBOTHOM, Associate Judge of the Third Judicial Circuit (retired), Specially Assigned.

RODOWSKY, Judge.

This case presents the question: Are the owners of dominant lands which are benefited by a covenant restricting the use of servient land entitled to just compensation because the servient land has been condemned for a public use prohibited by the restriction? Unfortunately we do not reach the question because there is no appealable judgment.

Three declarations executed, acknowledged, and recorded among the land records in 1956 and in 1959...

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