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UTILITIES v. WSSC

No. 101, Sept. Term, 1998.

763 A.2d 129 (2000)

362 Md. 37

UTILITIES, INC. OF MARYLAND v. WASHINGTON SUBURBAN SANITARY COMMISSION.

Court of Appeals of Maryland.

December 6, 2000.

Attorney(s) appearing for the Case

John G. Roberts, Jr., (Steven P. Hollman, Steven A. Robins, Jeffrey D. Pariser, Hogan & Hartson, L.L.P., Washington, DC; William E. Sundstrom, P.A., Rose, Sundstrom & Bently, L.L.P., Tallahassee, FL, on brief), for Appellant.

Paul A. Tiburzi (Kurt J. Fischer, Marta D. Harting, Piper & Marbury, L.L.P., Baltimore, on brief; Nathan J. Greenbaum, Gen. Counsel; Robert H. Drummer, Associate Counsel, WSSC, Laurel, on brief), for Appellee.

Joseph J. Curran, Jr., Atty. Gen. of Md., Baltimore, Robert A. Zarnoch, Asst. Atty. Gen.,Annapolis, for the State of Md., Amicus Curiae.

Margaret Scott Izzo, Morgan, Lewis & Bockius, L.L.P., Washington, DC; Thomas P. Gadsden, Morgan, Lewis & Bockius, L.L.P., Philadelphia, PA, for National Ass'n of Water Companies, Amicus Curiae.

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

ELDRIDGE, Judge.

Maryland Code (1957, 1997 Repl. Vol.), Art. 29, § 3-107(a), provides that, in a condemnation action brought by the Washington Suburban Sanitary Commission ("the Commission") against a privately owned water or sewage system, the jury shall deduct from the compensation award any contribution that lot owners or home buyers have made toward the construction of the private utility. These contributions, known as "contributions in aid of construction...

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