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STATE ROADS COMMISSION v. BERRY

[No. 49, October Term, 1955.]

208 Md. 461 (1955)

118 A.2d 649

STATE ROADS COMMISSION OF MARYLAND v. BERRY ET AL.

Court of Appeals of Maryland.

Decided December 6, 1955.

Attorney(s) appearing for the Case

Henry L. Rogers and John W. Hessian, Jr., Special Attorneys for the State Roads Commission, with whom were C. Ferdinand Sybert, Attorney General, and Joseph D. Buscher, Special Assistant Attorney General, on the brief, for the appellant.

W. Lee Harrison, with whom were Smith & Harrison on the brief, for the appellees.

The cause was argued before BRUNE, C.J., and DELAPLAINE, COLLINS, HENDERSON and HAMMOND, JJ.

DELAPLAINE, J., delivered the opinion of the Court.

These condemnation proceedings were instituted by the State Roads Commission in the Circuit Court for Baltimore County to acquire for the Baltimore-Harrisburg Expressway a portion of the dairy farm owned by Frederick J. Berry and Grace A. Berry, his wife, near Hereford. Code 1951, art. 33A, secs. 1-26.

Prior to the condemnation, the farm contained about 120 acres. About 75 acres thereof consisted of hillsides...

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