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WSSC v. UTILITIES

No. 116, September Term, 2000.

775 A.2d 1178 (2001)

365 Md. 1

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

Court of Appeals of Maryland.

Reconsideration Denied August 14, 2001.

Attorney(s) appearing for the Case

Kurt J. Fischer (Paul A. Tiburzi and Marta D. Harting of Piper Marbury, Rudnick & Wolfe, LLP, Baltimore; Leonard L. McCants of McCants & Associates, LLC, Silver Springs; Ernest A. Crofoot and Robert H. Drummer of Washington Suburban Sanitary Commission, Laurel), all on brief, for petitioner/cross-respondent.

Steven P. Hollman (Jeffrey D. Pariser and Adam K. Levin of Hogan & Hartson,

L.L.P., Washington; William E. Sundstrom of Rose, Sundstrom & Bentley, LLP, Tallahassee), all on brief, for respondent/cross-petitioner.

J. Joseph Curran, Jr., Attorney General of Maryland, Robert A. Zarnoch, Assistant Attorney General of Maryland, as Amicus Curiae for appellant.

Margaret Scott Izzo, Morgan, Lewis & Bockius LLP, Washington, DC, Amicus Curiae, National Association of Water Companies for appellee.

Thomas P. Gadsden, Morgan, Lewis & Bockius LLP, of Counsel, Philadelphia, PA.

Argued before BELL, C.J. and RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and LAWRENCE F. RODOWSKY (retired, specially assigned), JJ.

LAWRENCE F. RODOWSKY, Judge, Retired, Specially Assigned.

Appellant and cross-appellee, Washington Suburban Sanitary Commission (WSSC), petitioned for the conventional condemnation of water and sewerage systems (the Systems) owned and operated by the appellee and cross-appellant, Utilities, Inc. of Maryland (UIM), a public service utility. The jury valued the Systems at $9.7 million from which, per statute, the court deducted...

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