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BRYAN v. STATE ROADS COMMISSION OF STATE HIGHWAY ADMINISTRATION

No. 1511, Sept. Term, 1996.

694 A.2d 522 (1997)

115 Md. App. 707

Wesley A. BRYAN et al. v. STATE ROADS COMMISSION OF the STATE HIGHWAY ADMINISTRATION.

Court of Special Appeals of Maryland.

June 2, 1997.

Attorney(s) appearing for the Case

R. Edwin Brown (Laurie R. Hanig and Brown & Sturm, on the brief), Rockville, for Appellants.

Janet Bush Handy, Assistant Attorney General (J. Joseph Curran, Jr., Attorney General and Omar V. Melehy, Assistant Attorney General, on the brief), Baltimore, for Appellee.

Argued before DAVIS and SALMON, JJ., and JAMES S. GETTY, J. (Retired, Specially Assigned).

SALMON, Judge.

The two arguments presented by appellants present issues that have not previously been addressed by any reported Maryland decision. The arguments are: 1) that under Article III, section 40 of the Maryland Constitution, a property owner has a constitutional right to a twelve-person jury in a condemnation proceeding; and 2) if we assume, arguendo, that it would be constitutionally permissible for the General...

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