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DOWNTOWN BREWING v. MAYOR AND CITY COUNCIL OF OCEAN CITY

No. 130, Sept. Term, 2001.

803 A.2d 545 (2002)

370 Md. 145

DOWNTOWN BREWING COMPANY, INC. v. MAYOR and City Council OF OCEAN CITY, Maryland.

Court of Appeals of Maryland.

July 23, 2002.

Attorney(s) appearing for the Case

Shannon N. Hicks (Roger J. Marzulla of Marzulla & Marzulla; John C. Maginnis of Maginnis Law Office, on brief), Washington, for appellant.

Guy R. Ayres, III & Bruce F. Bright (Ayres, Jenkins, Gordy & Almand, P.A., on brief), Ocean City, for appellee.

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

RAKER, J.

This appeal by Downtown Brewing Company, Inc., appellant (Downtown Brewing), arises out of a condemnation proceeding initiated by the Mayor and City Council of Ocean City, Maryland, appellees (Ocean City), an incorporated municipality, condemning certain property to be used to expand a portion of Route 50, a state highway, in Ocean City. Downtown Brewing argues that Ocean City had no authority to condemn its private...

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