VALLARIO v. STATE ROADS COMM'N

[No. 68, September Term, 1980.]

290 Md. 2 (1981)

426 A.2d 1384

JOSEPH F. VALLARIO, JR., ET UX. v. STATE ROADS COMMISSION OF THE STATE HIGHWAY ADMINISTRATION

Court of Appeals of Maryland.

Decided March 26, 1981.


Attorney(s) appearing for the Case

Joseph F. Vallario, Jr., with whom were Sebert H. Keiffer, G. Richard Collins and James F. Farmer on the brief, for appellants.

Carl Harrison Lehmann, Special Assistant Attorney General, with whom were Stephen H. Sachs, Attorney General, Nolan H. Rogers and Louis J. Kozlakowski, Jr., Assistant Attorneys General, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ.


SMITH, J., delivered the opinion of the Court. MURPHY, C.J., dissents and files a dissenting opinion at page 8 infra.

We shall here hold that in a "quick-take" under Maryland Code (1977) §§ 8-334 to -339, Transportation Article, a landowner is not precluded from an appeal by the fact that under § 8-337 he has withdrawn the funds originally paid into court and also those paid in after trial. This is true notwithstanding the fact that he seeks...

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