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COSTELLO PROFIT SHARING v. STATE ROADS

No. 101, September Term, 1987.

315 Md. 693 (1989)

556 A.2d 1102

J. WILLIAM COSTELLO PROFIT SHARING TRUST v. STATE ROADS COMMISSION OF THE STATE HIGHWAY ADMINISTRATION.

Court of Appeals of Maryland.

May 1, 1989.

Attorney(s) appearing for the Case

David D. Freishtat (Nancy P. Regelin, Ann H. Sablosky, Ian C. Ballon and Schulman, Rogers, Gandal, Pordy & Ecker, P.A., on the brief), Rockville, for appellant.

Henry F. Leonnig, Asst. Atty. Gen., Sp. Counsel of Upper Marlboro (J. Joseph Curran, Jr., Atty. Gen. and Nolan H. Rogers, Asst. Atty. Gen., on the brief), Baltimore, for appellee.

Argued before ELDRIDGE, COLE, RODOWSKY, McAULIFFE and ADKINS, JJ., and MARVIN H. SMITH and CHARLES E. ORTH, Jr., Associate Judges of the Court of Appeals of Maryland (retired), Specially Assigned.

COLE, Judge.

In this condemnation case, we shall decide whether a trial judge correctly excluded an executory, contingent land sales contract from the jury's consideration in determining the award.

Dr. William Costello acquired a 37.5 acre tract in Prince George's County in 1971 which he planned to develop for both residential and commercial uses. The property was zoned residential urban (RU) which is a comprehensive design zone requiring a three stage process...

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