BRYAN v. STATE ROADS COMMISSION

No. 71, Sept. Term, 1997.

736 A.2d 1057 (1999)

356 Md. 4

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

Court of Appeals of Maryland.

September 10, 1999.


Attorney(s) appearing for the Case

R. Edwin Brown (Laurie R. Hanig, Brown & Sturm, on brief), Rockville, for petitioners.

Janet Bush Handy, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on brief), Baltimore, for respondent.

Argued before ELDRIDGE, RODOWSKY, CHASANOW, RAKER, WILNER, MARVIN H. SMITH, (Retired, specially assigned) and DALE R. CATHELL, (Specially assigned), JJ.


ELDRIDGE, Judge.

We granted a petition for a writ of certiorari in this case to decide whether landowners are constitutionally entitled to twelve person juries in Maryland condemnation proceedings. We shall hold that a landowner is entitled to a six person jury and not a twelve person jury in a condemnation proceeding, based on the 1992 amendment to Article 5 of the Maryland Declaration of Rights, which entitles a party in a civil proceeding to a jury of at least...

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