From our private database of 14,100+ case briefs...
Edwards v. First National Bank of North East
Court of Special Appeals of Maryland
712 A.2d 33 (1998)
Randy and Cynthia Edwards (plaintiffs) owned and lived on residential property next to a gas station. First National Bank of North East (the Bank) (defendant) held a mortgage on the gas station. The owner of the gas station defaulted and the Bank purchased the gas station at a foreclosure sale. Approximately five months later, the Bank removed the underground storage tanks from the gas station. Right before the Bank purchased the gas station, the Edwardses dug a new well in their yard and two months later noticed the smell of gasoline. The Edwardses’ well water tested positive for PH-petroleum hydrocarbons. The Edwardses brought suit against the Bank in the Circuit Court for Cecil County. The Edwardses brought common law claims for negligence, nuisance, and trespass. The Bank filed a motion to dismiss based on a Maryland statute that, according to the Bank, abrogated all common law claims for groundwater contamination against commercial lenders. Specifically, the statute shielded from liability a person who held “indicia of ownership in an underground oil storage tank primarily to protect its security interest in that underground oil storage tank,” if the person abandoned the tank within 180 days of acquiring the tank through foreclosure. The trial court granted the Bank’s motion. The Edwardses appealed.
Rule of Law
Holding and Reasoning (Byrnes, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 219,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.