Macht v. Department of Assessments of Baltimore City
Maryland Court of Appeals
296 A.2d 162 (1972)
Philip and Sophia Macht (plaintiffs) leased airspace rights over their Baltimore property to the neighboring Blaustein Building for 98 years and nine months at rent equal to twice their real estate taxes on the entire property (land, improvements, and airspace); the Department of Assessments of Baltimore City (defendant) separately valued and assessed the airspace at $50,700 for tax purposes. After the Baltimore Board of Municipal Zoning Appeals vacated the assessment and the Maryland Tax Court reinstated it, the Machts appealed.
Whether airspace may be assessed separately from the land for taxation purposes so long as the assessed sum of the assessed elements does not exceed the value of the whole.