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STATE ROADS COMM'N v. TOOMEY

No. 59, September Term, 1984.

302 Md. 94 (1985)

485 A.2d 1006

STATE ROADS COMMISSION OF THE STATE HIGHWAY ADMINISTRATION v. THOMAS J. TOOMEY.

Court of Appeals of Maryland.

Motion for Reconsideration Denied February 7, 1985.

Attorney(s) appearing for the Case

Clater W. Smith, Jr., Sp. Counsel, Frederick (Stephen H. Sachs, Atty. Gen., and Nolan H. Rogers, Asst. Atty. Gen., on the brief, Baltimore), for appellant.

John M. Robinson, Frederick, for appellee.

Argued before MURPHY, C.J., SMITH, ELDRIDGE, COLE, RODOWSKY and COUCH, JJ., and EDWARD D. HIGINBOTHOM, Associate Judge of the Third Judicial Circuit (retired), Specially Assigned.

HIGINBOTHOM, Judge.

This case involves the condemnation by the State Roads Commission of a parcel of 7.449 acres in Frederick County. Also condemned were a revertible easement of 0.437 acre, and a temporary easement for a roadway during construction. The land condemned is a portion of a productive orchard comprising 77.709 acres, lying on the westerly side of U.S. Route 15 in Frederick County, partially within the city limits of Thurmont. That portion of the tract...

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