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BALTIMORE CITY v. UNITED STORES

[No. 249, September Term, 1967.]

250 Md. 361 (1968)

243 A.2d 521

MAYOR AND CITY COUNCIL OF BALTIMORE v. UNITED FIVE AND TEN CENT STORES, INC.

Court of Appeals of Maryland.

Decided June 28, 1968.

Attorney(s) appearing for the Case

Roger C. Duncan, Assistant City Solicitor, with whom were Joseph Allen, City Solicitor, and James L. Bundy, Assistant City Solicitor, on the brief, for appellant.

Leroy W. Preston, with whom were O'Connor & Preston, John Wheeler Glenn and Joseph R. Hirschmann on the brief, for appellee.

The cause was argued before HAMMOND, C.J. and MARBURY, BARNES, McWILLIAMS, SINGLEY and SMITH, JJ.

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

The Mayor and City Council of Baltimore condemned property of appellee in the "Madison Park North" Urban Renewal area. This area was part of the overall Mount Royal-Fremont Renewal Area encompassing a total of 925 acres approved by the Mayor and City Council of Baltimore as a "renewal" area by Ordinance No. 875 on May 22, 1957.

The court below instructed the jury that it should add to the current fair market value...

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