Tuesday, October 7, 2008

They're Here

Not a legal profession case, but somewhat reminiscent of the movie Poltergeist, is a decision issued today from the Maryland Court of Special Appeals. The developer of a residential subdivision found a "small, very old cemetery" on one of the lots. The developer took steps to hide the discovery, and built and sold a house on the lot without disclosing to the purchasers. The headstones were intentionally removed and discarded. The initial purchasers sold the property and the new owners learned of the cemetery years later. They sued the developer for fraudulent concealment. On appeal from the trial court's dismissal, the court held that the duty not to fraudulently conceal the presence of the cemetery on the property extended to secondary purchasers. (Mike Frisch)

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