MARVIN MANDEL, Governor                      1117

CHAPTER 438
(Senate Bill 93)

AN ACT to authorize and direct the Board of County Commissioners
of Prince George's County to pay a sum to be determined by them
as an award in compensation for damages to Kenneth Leo Fowler.

Whereas, In March 1957, the Kenneth Fowler family purchased
and moved into a home in the subdivision of Seabrook Acres in Prince
George's County, and were thereby injured because of the large-scale
public nuisance which existed therein due to raw sewage overflowing
from many septic tank systems into the yards, ditches and streets
of the community, such conditions having been created and main-
tained by the County, and

Whereas, Kenneth Fowler, who had been in perfect health before
residence in Seabrook Acres, did become ill from amoebic dysentery,
caused by the unsanitary and hazardous environment, and

Whereas, Mr. Fowler has incurred, and will incur in the future,
medical expenses as the result of his injury and other expenses for
which he ought to be compensated, and

Whereas, The family pet, a Gordon Setter, died from hepatitis
caused by the same conditions, and the entire family suffered injury,
and

Whereas, The County has been held immune to the suit of the
Fowlers, and they have been deprived of remedy for their injuries
after years of litigation, and

Whereas, It is desirable to authorize the County to pay a sum to
Kenneth Leo Fowler to compensate him for his damages, now,
therefore,

Section 1. Be it enacted by the General Assembly of Maryland,
That the Board of County Commissioners of Prince George's County
is authorized and directed to include in the next county budget a
sum to be determined by the County Commissioners as an award
in compensation for damages. This sum shall SUCH A SUM MAY
be paid to Kenneth Leo Fowler in full compensation and satisfaction
for damages suffered as a result of purchasing and moving into a
home in Seabrook Acres, Prince George's County, in 1957. Before
ANY payment of this sum, Kenneth Leo Fowler shall give to Prince
George's County a full and complete release of his claims arising out
of the injuries suffered consequent to his residence in Seabrook
Acres, in such form as the County Solicitor may approve.

Sec. 2. And be it further enacted, That this Act is hereby de-
clared to be an emergency measure and necessary for the immediate
preservation of the public health and safety and having been passed
by a yea and nay vote supported by three-fifths of all the members
elected to each of the two houses of the General Assembly, the same
shall take effect from the date of its passage.

Approved May 2, 1969.