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HARDESTY v. STATE ROADS COMM'N

[No. 241, September Term, 1974.]

276 Md. 25 (1975)

343 A.2d 884

HARDESTY ET AL. v. STATE ROADS COMMISSION OF THE STATE HIGHWAY ADMINISTRATION

Court of Appeals of Maryland.

Decided September 8, 1975.

Attorney(s) appearing for the Case

Ellen Luff, with whom were Harry C. Blumenthal, Jerome T. May and Blumenthal, Goldsborough & May on the brief, for appellants.

Richard T. Brice, IV, with whom were Francis B. Burch, Attorney General, and Nolan H. Rogers, Special Assistant Attorney General, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and O'DONNELL, JJ.

MURPHY, C.J., delivered the opinion of the Court.

On August 1, 1973, the State Roads Commission of the State Highway Administration (the Commission) filed a petition for land acquisition in the Circuit Court for Anne Arundel County pursuant to powers vested in it under § 40B of Article III of the Constitution of Maryland and Maryland Code (1969 Repl. Vol.) Art. 89B, §§ 10-20.1 The petition stated: "This is not a formal condemnation...

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