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KLINE v. MAYOR AND COUNCIL OF ROCKVILLE

[No. 246, September Term, 1966.]

245 Md. 625 (1967)

227 A.2d 217

KLINE, ET AL. v. MAYOR AND COUNCIL OF ROCKVILLE

Court of Appeals of Maryland.

Decided March 9, 1967.

Attorney(s) appearing for the Case

Joseph P. Blocher, with whom were Linowes & Blocher, R. Robert Linowes and James R. Trimm on the brief, for appellants.

George W. Shadoan, City Attorney, with whom was William C. Staley, Assistant City Attorney, on the brief for appellee.

The cause was argued before HAMMOND, C.J., and MARBURY, OPPENHEIMER, BARNES and McWILLIAMS, JJ., and MURPHY, J., Chief Judge of the Court of Special Appeals, specially assigned.

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

A condemnation jury, in March 1966, awarded appellants (Kline) $280,000 for 25 acres ($11,200 per acre) of unimproved land taken by appellee (the city) for park purposes. Kline contends the verdict should have been about $346,000 ($13,900 per acre). In this appeal he attacks both the adequacy of the award and the necessity for the taking.

In October 1963 the city, upon the recommendation of its Planning Commission...

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