Dudley v. State Roads Commission

Marbury, J., delivered the opinion of the Court. The appellant appealed from an order of the Circuit Court for Kent County in Equity sustaining appellees’ demurrers to appellant’s amended bill of complaint, which prayed that the court set aside a deed of easement granted by the State Roads Commission and the Board of Public Works to All States Corporation, which deed permits a private service road to cross the right of way line of the Blue Star Highway, U. S. Route 301. In his amended bill the complainant alleged that he is a taxpayer of the State of Maryland, and as such is entitled to seek relief in the courts to set aside illegal or ultra vires acts of an administrative agency of the State which injuriously affect his rights and property. He alleged that the State Roads Commission constructed this highway on the Eastern Shore of Maryland and designated it on the official plats filed for public record as an “Expressway and no access either vehicular, pedestrian and/or animal will be permitted across the lines designated ‘Right of Way Line of Through Highway’ except by means of such public road connections as the Commission may construct or permit to be constructed.”; that the Blue Star Highway is in fact an expressway as defined by Code (1957), Art. 89B, Sec. 29 (c) extending from the Chesapeake Bay Bridge to the Delaware State line; and that pursuant to said construction the State Roads Commission acquired the lands of Charles S. and Helen B. Church, in Kent County abutting the highway, by a deed which contained the following clause: “‘AND THE GRANTORS DO FURTHER GRANT’ unto the State of Maryland to the use of the State Roads Commission, its successors and assigns, any and all right whatsoever of the Grantors, their heirs, successors and assigns, of any means ⁶¹⁶ whatsoever of ingress and egress between the THROUGH HIGHWAY and the remaining property across the line which is designated ‘RIGHT OF WAY LINE OF THROUGH HIGHWAY’ to the end that there never will be any vehicular, pedestrian and/or animal access to or from said through highway and their remaining property across those lines which are so marked on the above mentioned plats except by means of such public road connections to EXPRESSWAYS and/or private road connections to controlled access arterial highways as the ‘COMMISSION’, may construct, or permit to be constructed.” He alleged that the R.C.M. Realty Corporation then purchased the remaining lands of Church, insofar as they abutted the highway; that the latter corporation then applied to and received from the State Roads Commission a permit to construct entrances to the aforesaid lands permitting ingress and egress over and across the line designated “Right of Way Line of Through Highway” at two places; and then conveyed all of the lands acquired by it from Church, including rights created by said permit to All States Corporation.

All States then received from the State Roads Commission and Board of Public Works of the State of Maryland the deed of easement dated October 2, 1957, which is the subject of this attack, wherein All States was permitted access to and from its property for its use and that of its invitees across the said “right of way line of through highway” at two certain stations shown on an official plat of the State Roads Commission which established such ingress