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DIRECTOR v. OLIVER BEACH IMP. ASS'N

[No. 26, September Term, 1970.]

259 Md. 183 (1970)

269 A.2d 615

DIRECTOR, DEPARTMENT OF FORESTS AND PARKS, ACTING FOR AND ON BEHALF OF STATE OF MARYLAND v. OLIVER BEACH IMPROVEMENT ASSOCIATION, INC.

Court of Appeals of Maryland.

Decided October 13, 1970.

Attorney(s) appearing for the Case

Richard C. Rice, Special Assistant Attorney General, with whom was Francis B. Burch, Attorney General, on the brief, for appellant.

Eugene G. Ricks for appellee.

The cause was argued before HAMMOND, C.J., and McWILLIAMS, SINGLEY, SMITH and DIGGES, JJ.

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

In this case the trial court dismissed a petition for condemnation, saying:

"I think this is a perfect example of the capriciousness and unreasonableness and arbitrariness of our bureaucracy. And I find as a fact that it is not necessary for the Department of Forests and Parks to condemn this property."

We shall reverse this action.

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