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STATE HIGHWAY ADMIN., DEPT. OF TRANSP. v. ANNAPOLIS MALL SHOPPING CENTER CO.

No. 749, September Term, 1978.

41 Md. App. 698 (1979)

398 A.2d 532

STATE HIGHWAY ADMINISTRATION OF THE DEPARTMENT OF TRANSPORTATION v. ANNAPOLIS MALL SHOPPING CENTER CO. ET AL.

Court of Special Appeals of Maryland.

Decided March 12, 1979.

Attorney(s) appearing for the Case

Norman Polski, Administrative Special Attorney, with whom were Francis Bill Burch, Attorney General, Nolan H. Rogers, Assistant Attorney General, and Stephen M. LeGendre, Special Attorney, on the brief, for appellant.

George W. Liebmann, with whom were Morton P. Fisher, Jr., Robert B. Levin and Frank, Bernstein, Conaway & Goldman on the brief, for appellees.

The cause was argued before GILBERT, C.J., and MOYLAN and COUCH, JJ.

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

The State Highway Administration, appellant herein, appeals a decree of the Circuit Court for Anne Arundel County1 by which it held that appellant had no right, title or interest in the portion of the Old Annapolis and Elkridge Railroad Company's (A & E) right of way which crosses certain real property2 leased by appellee Annapolis Mall Shopping Center Co....

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