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STATE ROADS COMM'N v. 370 PARTNERSHIP

No. 28, September Term, 1990.

325 Md. 96 (1991)

599 A.2d 449

STATE ROADS COMMISSION OF THE STATE HIGHWAY ADMINISTRATION OF THE STATE OF MARYLAND v. 370 LIMITED PARTNERSHIP.

Court of Appeals of Maryland.

December 23, 1991.

Attorney(s) appearing for the Case

Ralph S. Tyler, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Andrew H. Baida, Edward S. Harris, Asst. Attys. Gen., Frank W. Wilson, Sp. Counsel, all on brief), Baltimore, for petitioner/cross respondent.

R. Edwin Brown and Rex L. Sturm (Laurie R. Gitajn, Brown and Sturm, all on brief), Rockville, for respondent/cross petitioner.

Argued before MURPHY, C.J., ELDRIDGE, RODOWSKY, McAULIFFE and CHASANOW, JJ., and CHARLES E. ORTH, Jr., Judge of the Court of Appeals (retired), Specially Assigned.

McAULIFFE, Judge.

In this condemnation action the State Roads Commission of the State Highway Administration (the State) utilized statutory "quick-take" procedures to freeze an early date of valuation and to permit an immediate taking of land owned by 370 Limited Partnership (the Partnership) and needed by the State to construct Interstate Highway 370 in Montgomery County. As it turned out, however, there was nothing quick about the taking. The State did not file...

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