Edwards v. First National Bank of North East

The Edwardses (plaintiffs) lived next to a gas station on which First National Bank (defendant) held a mortgage; after the station's owner defaulted, the Bank foreclosed and acquired the property, then removed the underground storage tanks about five months later. Around the time the Bank took ownership, the Edwardses dug a new well and, two months afterward, noticed a gasoline smell; testing confirmed petroleum hydrocarbon contamination. They sued the Bank for negligence, nuisance, and trespass; the Bank moved to dismiss based on a Maryland statute shielding a party who holds an underground oil tank primarily to protect a security interest, so long as the tank is abandoned within 180 days of acquisition through foreclosure. The trial court granted the Bank's motion.