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SHAPIRO v. MD.-NAT. PARK COMM.

[No. 410, September Term, 1963.]

235 Md. 420 (1964)

201 A.2d 804

SHAPIRO, ET AL. v. MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION

Court of Appeals of Maryland.

Motion for rehearing and for stay of proceedings filed July 31, 1964.

Denied September 15, 1964.

Attorney(s) appearing for the Case

Leonard S. Melrod, with whom were Joseph V. Gartlan, Jr., and Alfred Burka on the brief, for the appellants.

B. Houston McCeney for the appellee.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT, HORNEY, MARBURY and SYBERT, JJ.

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

The Maryland-National Capital Park and Planning Commission, a municipal corporation, condemned some two hundred fifty-eight acres of a tract of approximately four hundred twelve acres (described by the experts as being heavily wooded, with rough and difficult terrain, which was zoned as rural residential) on the edge of Rockville in Montgomery County to use as a site for a dam to aid in conservation, to prevent erosion...

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