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REICHS FORD ROAD JOINT VENTURE v. STATE ROADS COMM'N OF THE STATE HIGHWAY ADMIN.

No. 137, September Term, 2004.

880 A.2d 307 (2005)

388 Md. 468

REICHS FORD ROAD JOINT VENTURE v. STATE ROADS COMMISSION OF THE STATE HIGHWAY ADMINISTRATION, Maryland Department of Transportation.

Court of Appeals of Maryland.

August 12, 2005.

Attorney(s) appearing for the Case

Dennis E. Ettlin (Brown & Sturm, Rockville, on brief), for petitioner.

Janet Bush Handy, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Peyton Paul Phillips, Asst. Atty. Gen., on brief), for respondent.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and GREENE, JJ.

HARRELL, J.

We issued a writ of certiorari in this case to determine whether an award, in settlement of a formal eminent domain proceeding, of "fair market value," as defined in Md.Code (1974, 2003 Repl.Vol.), § 12-105 of the Real Property Article, contemplates the inclusion of lost rents, carrying costs, and other damages incurred as a result of the condemnor's pre-condemnation conduct. Concluding that such damages...

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