| Mayor & City Council of Baltimore v. Fairfield Improvement
Co., 87 Md. 352, 39 A. 1081 (1898)
Appeal from Baltimore City Circuit Court
OVERVIEW: The company purchased land near a parcel of city-owned property that at one time had been used as a place of quarantine for individuals suffering from contagious diseases. After the
company began developing its land, the city proposed to place a woman who was suffering from leprosy in a facility on the city-owned property. The company filed an action seeking to enjoin the city from
placing the woman there. The trial court granted the company's request for injunctive relief. The court affirmed, finding that the company was entitled to an injunction because the woman's presence on the
property would have constituted a nuisance and would have substantially lessened the value of the company's land. The court noted that it was within the city's police power to operate a facility to care for
individuals with contagious diseases and that the company could not object to the placement if the city had continued to use the property for the operation of such a facility. However, the court found that the
city had abandoned that use of the property and that it could not restore the former use to the detriment of surrounding owners.
Appellate Court Records:
COURT OF APPEALS (Docket) Mayor & City Council of
Baltimore v. Fairfield Improvement Co., 1898, January Term, case no. 61, p. 13, MdHR 640 [MSA S412-14, 1/66/14/45]
COURT OF APPEALS (Opinions) Mayor & City Council of
Baltimore v. Fairfield Improvement Co., 1898, January Term, case no. 61, MdHR 707-131 [MSA S393-117, 1/65/13/63]
COURT OF APPEALS (Records and Briefs) Mayor & City
Council of Baltimore v. Fairfield Improvement Co., 1898, January Term, vol. 4 [MSA S1733-121, 1/65/1/121]
Trial Court Records:
BALTIMORE CITY CIRCUIT COURT (Equity Docket A)
Fairfield Improvement Co. v. Mayor and City Council of Baltimore, 1897, Liber 37A, p. 162 [MSA T55-37, 3/4/1/20]
BALTIMORE CITY CIRCUIT COURT (Equity Papers A)
Fairfield
Improvement Co. v. Mayor and City Council of Baltimore, 1897 [MSA T53-281, 3/12/2/9]
Baltimore City Archives:
Maps:
Property located in AA County, 5th district, in town of Fairfield
Google
map showing Hawkins Point
Scanned as msaref 5458-51-4112
Other
Environmental Study of Fairfield
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