SMITH v. STATE ROADS COMM'N

[No. 451, September Term, 1970.]

262 Md. 418 (1971)

278 A.2d 52

SMITH ET UX. v. STATE ROADS COMMISSION OF MARYLAND ET AL.

Court of Appeals of Maryland.

Motion for rehearing filed July 6, 1971.

Denied September 13, 1971.


Attorney(s) appearing for the Case

Charles Duvall Smith, with whom were Cary M. Euwer and Taylor & Smith on the brief, for appellants.

Joseph J. Bonner, Special Attorney, with whom were Francis B. Burch, Attorney General, and Joseph D. Buscher, Special Assistant Attorney General, on the brief, for State Roads Commission of Maryland, part of appellees. Bernard F. von Ahn, with whom were John B. Kenkel and Paul T. Sisson on the brief, for Washington Suburban Sanitary Commission, other appellee.

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


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

In this case the parties are able to agree that there is a front-foot benefit charge in the amount of $2,364.11 due appellee Washington Suburban Sanitary Commission (Sanitary Commission). The dispute is between appellants, Alfred H. Smith et ux. (Smith), who believe it should not be deducted from a jury's condemnation award, and appellee State Roads Commission of Maryland, which does not wish to be in the position...

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