Lichtenberg v. Sachs

Prescott, J., delivered the opinion of the Court. This case had its origin in 1950, when Jerome M. Lichtenberg, one of the appellants, patrolled the right of way to the thirty-five acre farm of Edward J. Sachs, Jr., the appellee, with a 45 automatic pistol and refused to permit Mr. Sachs to go on the premises of the appellant for the purpose of grading his right of way. Thereupon, Edward J. Sachs, Jr., brought suit in the Circuit Court for Anne Arundel County seeking an injunction to restrain said appellant, Jerome M. Lichtenberg, from interfering with the right of way of the appellee. At the time of the filing of that bill of complaint, the appellants had no deed to the property and the suit was brought against Jerome M. Lichtenberg, alone, because it was he who forcibly interfered with the appellee’s use of the easement.

On the day of the trial in January, 1951, the appellee in this cause sought a continuance, because, subsequent to the filing of the bill of complaint, the appellants procured a deed from John R. Norris, trustee, dated December 8th, 1950, for some ninety-seven acres of unimproved land as tenants by the entireties, however, the wife, Evelyn E. Lichtenberg, being present in court consented, through her solicitor, to be made a party defendant and the pleadings filed by her husband were also adopted as her pleadings. The notations were made on the docket by the clerk in open court and the case was finally heard and determined. On the first day of November, 1951, Judge Clark granted an injunction restrain ¹⁵⁰ ing the appellants from interfering with the unobstructed use of the right of way of the appellee “as said right of way is now laid out.” An appeal was taken to this Court, and the decree of the Chancellor was affirmed. Lichtenberg v. Sachs, 200 Md. 145 , 88 A. 2d 450 .

In less than two years, the appellants had a plat made of the property for the purpose of developing the same and laid the entire tract off in lots and streets ignoring the right of way. Shortly thereafter, the appellants built one house which was about one foot over the right of way on the south side, however, the appellee could still drive in and out. Being successful in that venture, the appellants built another house on the opposite side of the way encroaching thereon another foot, however, the appellee still had enough room for ingress and egress, and no action was taken against them at that time. The appellants then started another house directly in the center of the right of way which totally deprived the appellee of his right of ingress and egress.

A petition was immediately filed by the appellee to enjoin the appellants from continuing the construction of the house and to show •cause why they should not be cited for contempt. The appellants put the construction under roof and stopped work. The appellants then filed this suit for a declaratory decree requesting the court to close the existing right of way upon providing the appellee with a comparable means of ingress and egress. The appellee filed his answer to the bill alleging that the appellants were determined to circumvent the former decree of the court.

Testimony was duly taken, and, after a hearing, the Circuit Court for Anne Arundel County, by its decree, dismissed its bill of complaint. This appeal is from that decree. The appellants claim to raise two issues which they set forth as follows: (1) If the appellee were to bring an action in equity against the appellants for injunctive relief, would the Court compel the appellants to reopen the original right of way, or would it require the appellee to accept monetary damages for its having been permanently closed? (2) Where, by reason of extreme hardship, a Court of ¹⁵¹ Equity, in an action brought by the appellee,