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J.L. MATTHEWS INC. v. MARYLAND-NATIONAL CAPITAL PARK & PLANNING COMMISSION

No. 65, Sept.Term, 2001.

792 A.2d 288 (2002)

368 Md. 71

J.L. MATTHEWS, INC. v. MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION.

Court of Appeals of Maryland.

March 5, 2002.

Attorney(s) appearing for the Case

Thomas H. Haller (Gibbs & Haller, on brief), Lanham, for petitioner.

Michele M. Rosenfeld, Associate Gen. Counsel (Adrian R. Gardner, Gen. Counsel, on brief), Silver Spring, for respondent.

Thurman W. Zollicoffer, Jr., City Sol., Baltimore, Edward J. Gilliss, County Atty., Towson, on brief of Amici Curiae Mayor and city Council of City of Baltimore, Baltimore County, Caroline County, County Com'rs of Charles, Hartford, and Montgomery Counties, and County Com'rs of Washington County, amici curiae for respondent.

Argued before BELL, C.J., ELDRIDGE, RAKER, WILNER, CATHELL, HARRELL and BATTAGLIA, JJ.

HARRELL, Judge.

On 15 March 2000, the Maryland-National Capital Park and Planning Commission ("the Commission"), Respondent, filed a complaint for condemnation in the Circuit Court for Montgomery County seeking to acquire fee simple title to a 29,238 square foot parcel of land located in the City of Takoma Park ("the Property"). At the time of initiation of the condemnation action, the Property was owned by J.L. Matthews...

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