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ANNE ARUNDEL COUNTY v. BURNOPP

No. 142, September Term, 1983.

300 Md. 343 (1984)

478 A.2d 315

ANNE ARUNDEL COUNTY, MARYLAND v. THOMAS BURNOPP ET AL.

Court of Appeals of Maryland.

July 16, 1984.

Attorney(s) appearing for the Case

Victor A. Sulin, Deputy County Sol., Annapolis, for appellant.

Allan C. Westcott, Annapolis, for appellees.

Argued before SMITH, ELDRIDGE, COLE, DAVIDSON, RODOWSKY and COUCH, JJ., and CHARLES E. ORTH, Jr., Associate Judge of the Court of Appeals (retired), Specially Assigned.

SMITH, Judge.

We shall here reverse an order of the Circuit Court for Anne Arundel County which dismissed a petition of Anne Arundel County to condemn land for a road, apparently on the grounds both of a failure to prove public necessity as well as public use.

I

Anne Arundel County is a charter county under Md. Const. art. XI-A. Maryland Code (1957, 1981 Repl.Vol.) Art. 25A, § 5(B) authorizes it to condemn property "required for public purposes...

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