Denied September 11, 1974Petition denied September 11, 1974. Opinion of Court of Special Appeals reported: 21 Md. App. 550.
In the second place, there is nothing to indicate that in providing that property owners could bring suit for damages in Md. Code, Real Property ยง 12-111(c) the legislature intended that the State would not be liable in the same manner as a private individual. This law has been firmly settled by the Court of Appeals in two relatively recent cases: Regal Construction Company v. West Lanham Hills Citizen's Association, Inc., 256 Md. 302, 260 A.2d 82 (1970) and Samson Company v. Brusowankin, 218 Md. 458, 147 A.2d 430 (1958) which were discussed and applied by this Court must recently in Withers v. Ferrero Construction Company, 21 Md. App. 550, 320 A.2d 576 (1974). The rule is most succinctly set out in Regal Construction Company v. West Lanham, supra at 305: