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STEWART v. BALTIMORE CITY

[No. 260, September Term, 1967.]

250 Md. 569 (1968)

244 A.2d 231

ELEANOR PINKERTON STEWART, TRUSTEE v. MAYOR AND CITY COUNCIL OF BALTIMORE

Court of Appeals of Maryland.

Decided July 17, 1968.

Attorney(s) appearing for the Case

Benjamin R. Civiletti, with whom were Luke Marbury and Venable, Baetjer & Howard on the brief, for appellant.

Clayton A. Dietrich, Chief Assistant City Solicitor, and Robert C. Harrison, Assistant City Solicitor, with whom was George L. Russell, Jr., City Solicitor, on the brief, for appellee.

The cause was argued before HAMMOND, C.J., and MARBURY, BARNES, McWILLIAMS, FINAN and SMITH, JJ.

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

The appellee, the Mayor and City Council of Baltimore, filed a petition for condemnation of 6.93 acres of land owned by the appellant, Eleanor Pinkerton Stewart, Trustee for her father and stepmother. The necessity of taking was stipulated and the issue of just compensation was submitted to the jury which returned an inquisition for $50,000 on which the final judgment was based and from which this appeal was taken.

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