STATE ROADS COMM. v. WARRINER

[No. 10, October Term, 1956.]

211 Md. 480 (1957)

128 A.2d 248

STATE ROADS COMMISSION OF MARYLAND v. WARRINER ET VIR.

Court of Appeals of Maryland.

Decided January 3, 1957.


Attorney(s) appearing for the Case

J. Howard Holzer and W. Albert Menchine, 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 COLLINS, HENDERSON and HAMMOND, JJ., and HENDERSON, J., Chief Judge of the Fourth Judicial Circuit, specially assigned.


BRUNE, C.J., delivered the opinion of the Court.

The principal question in this case is whether or not a possible, future zoning reclassification of a piece of property might properly be submitted for the consideration of the jury in determining the fair market value of the land at the time of its being taken for public use under eminent domain proceedings.

The State Roads Commission (the "Commission") instituted such...

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