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WASH. SAN. COMM. v. SANTORIOS

[No. 293, September Term, 1963.]

234 Md. 342 (1964)

199 A.2d 206

WASHINGTON SUBURBAN SANITARY COMMISSION v. SANTORIOS ET VIR

Court of Appeals of Maryland.

Decided April 8, 1964.

Attorney(s) appearing for the Case

Submitted on brief by John B. Kenkel and J. Lloyd Niles for the appellant.

No brief and no appearance for the appellees.

The cause was submitted to BRUNE, C.J., and HENDERSON, PRESCOTT, HORNEY and MARBURY, JJ.

HORNEY, J., delivered the opinion of the Court.

This appeal presents a question involving the right of the appellant (Washington Suburban Sanitary Commission) to condemn an easement in land owned by the appellees (Helen J. Santorios and James S. Santorios) for the extension of a public sewer line. The question of law concerning the necessity for the taking was heard separately by the trial court pursuant to Maryland Rule 502, and resulted in a dismissal of the petition...

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