EXXON COMPANY v. STATE HIGHWAY

No. 142, Sept. Term, 1998.

731 A.2d 948 (1999)

354 Md. 530

EXXON COMPANY, U.S.A. v. STATE HIGHWAY ADMINISTRATION of the MARYLAND DEPARTMENT OF TRANSPORTATION.

Court of Appeals of Maryland.

June 16, 1999.


Attorney(s) appearing for the Case

Marta D. Harting and Kurt J. Fischer (Piper & Marbury, L.L.P., on brief), Baltimore, for Appellant.

Andrew H. Baida, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen. of MD, on brief), Baltimore, for Appellee.

Argued before BELL, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, RAKER, WILNER and CATHELL, JJ.


RODOWSKY, Judge.

This case presents a constitutional challenge to a condition included in a special exception for the remodeling of a gasoline filling station and in a permit to construct facilities within a planned right-of-way. We do not reach the constitutional issue, however, because the challenge should have been made when the allegedly unconstitutional condition was imposed and because the challenger acquiesced in the condition of which it now complains.

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