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GREEN v. HIGH RIDGE ASS'N, INC.

Nos. 125, 126, Sept. Term, 1995.

695 A.2d 125 (1997)

346 Md. 65

Aaron E. GREEN and Ruth E. Green v. HIGH RIDGE ASSOCIATION, INC. BALTIMORE COUNTY, MARYLAND v. Allan J. GODLEWSKI et al.

Court of Appeals of Maryland.

Reconsideration Denied July 23, 1997.

Attorney(s) appearing for the Case

John T. Maguire, II (Hollman, Hughes, Finch and Maguire, Chartered, on brief), Westminster and Michael G. Comeau, Assistant County Attorney (Virginia W. Barnhart, County Attorney; William O. Jensen, Jr., Assistant County Attorney, on brief), Towson, for Petitioners.

David K. Bowersox (Hoffman, Comfort, Galloway & Offutt, on brief), Westminster and Kathleen Gallogly Cox (Venable, Baetjer and Howard, L.L.P., on brief), Towson, for Respondents.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, BELL and RAKER, JJ.

ELDRIDGE, Judge.

These two cases concern the propriety of Carroll County's and Baltimore County's exercise of eminent domain over two parcels of private property. The specific questions presented to this Court in both cases are whether each condemnation serves a "public use" in accordance with Article III, § 40, of the Maryland Constitution,1 and whether each condemnation is "needed" or "required" for such public use in accordance...

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