Maryland Court of Special Appeals (65783) 

Posted: 1:00 am Fri, September 27, 2002
By admin

<b><u>Civil Procedure</u>Equitable bill of discovery</b><b>BOTTOM LINE:</b> Issuance of an equitable bill of discovery was warranted in order to require a property owner to allow a nondestructive lead test of the owner’s vacant property where the presence of lead in that property was relevant and material to another pending action involving the poisoning of a child.<b>CASE:</b> <i>Stokes v. 835 N. Washington Street, LLC</i>, No. 1082 September Term, 2000 (filed Nov. 7, 2001) (Judges MURPHY, Fischer (retired, specially assigned) & Thieme (retired, specially assigned). RecordFax No. 1-1107-03, 16 pages.<b>FACTS:</b> A lead poisoning action was filed against the former owner of 835 N. Washington Street, a Baltimore City residential property, on behalf of Charles Stokes, a minor, who formerly lived at that address. The current owner of that property, 835 Washington Street, LLC, refused Stokes’ request for access to the property in order to