CITY OF BALTIMORE v. CONCORD BAPTIST CHURCH

[No. 235, September Term, 1969.]

257 Md. 132 (1970)

262 A.2d 755

MAYOR AND CITY COUNCIL OF BALTIMORE, ET AL. v. THE CONCORD BAPTIST CHURCH, INC., ET AL.

Court of Appeals of Maryland.

Decided March 3, 1970.


Attorney(s) appearing for the Case

George L. Russell, Jr., City Solicitor, and Howard E. Wallin, Assistant City Solicitor, with whom was Ambrose T. Hartman, Deputy City Solicitor, on the brief, for appellants.

Charles C.W. Atwater, with whom were Mylander & Atwater, David A. Carney and Henry Glick on the brief, for The New Union Baptist Church, Inc., one of appellees; George F. Flentje, Jr. on the brief, for The Maryland Synod of the Lutheran Church in America, another of appellees; and Robert L. Sullivan, Jr. and Jan K. Guben on the brief, for The Calvary Baptist Church, another of appellees.

E. Stephen Derby, with whom was William L. Marbury on the brief, for The Convention of the Protestant Episcopal Church of the Diocese of Maryland, another of appellees.

Charles J. Josey for The Concord Baptist Church, Inc., another of appellees.

Submitted on brief by Francis X. Gallagher and Joseph G. Finnerty, Jr. for Lawrence Cardinal Shehan, Roman Catholic Archbishop of Baltimore, another of appellees.

The cause was argued before HAMMOND, C.J., and BARNES, FINAN, SINGLEY and DIGGES, JJ.


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

Aware of the unique difficulties inherent in the condemnation of church structures,1 the General Assembly enacted § 9A 1 (b) of Chapter 804 of the Laws of 1945.2 The provision survives, after a substantial modification made by Chapter 52 of the Laws of 1963 as Maryland Code (1957, 1967 Repl. Vol.) Art. 33 A § 5 (d) (the Act):

"Churches<...

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