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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1458 September Term, 2008 _______________________________

OLDE SEVERNA PARK IMPROVEMENT ASSOCIATION INC. v. JOHN BARRY ET UX.

______________________________ Davis, Salmon, Eyler, James R.,

JJ. _______________________________

Opinion by Davis, J. _______________________________ Filed: October 29, 2009

In 2003, John and Karen Barry, appellees/cross-appellants,1 sought to construct a driveway to their .35 acre property (the Barry Parcel) in Severna Park, Maryland. Appellees proposed to construct the driveway over a swath of unimproved land (the Undeveloped Land) that abutted the western boundary of their property in order to reach an improved roadway on Park Drive (the Improved Roadway). Both the Undeveloped Land and the Improved Roadway are owned by Olde Severna Park Improvement Association, Inc. (OSPIA), appellant. At a hearing on appellee's application for a variance on October 21, 2003, a representative of OSPIA opposed the application and, on August 22, 2007, OSPIA filed an Amended Complaint for Declaratory Judgment and Injunctive Relief in the Circuit Court for Anne Arundel County to preclude appellees from constructing their proposed driveway. OSPIA argued, inter alia, that the Undeveloped Land was not part of Park Drive and was actually an area of "Park" that it owned and which appellees had no right to use for the installation of a driveway. Appellees responded that Park Drive was comprised of both Undeveloped Land and the Improved Roadway and, thus, they had the right of use of the Undeveloped Land to install a driveway to link their property with the Improved Roadway.2

For purposes of this appeal, we shall refer to appellees/cross-appellants as "appellees." Pursuant to Md. Code (2003 Repl. Vol., 2008 Cum. Supp.), Real Property (R.P.),

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Maryland Law