Summary
In Segall, Baltimore City had filed a Petition for Immediate Possession and Title, pursuant to Section 21–16, and sought to condemn Segall's property for “urban renewal purposes” as part of an urban renewal plan entitled the “Upton Project”.
Summary of this case from Makowski v. MayorOpinion
[No. 126, September Term, 1974.]
Decided February 6, 1975.
CONDEMNATION — Baltimore City — Quick Take — Affidavit Attached To City's Petition To Enter Into Immediate Possession Of Property Complied With Statute Requiring That Petition State "The Reasons Therefor" — Code Of Public Local Laws Of Baltimore City (1969) Section 21-16(a) As Amended By Chapter 420, Acts of 1972. p. 648
Appeal from the Court of Common Pleas of Baltimore City (HOWARD, J.).
Petition for condemnation and a petition for immediate possession and title filed by the Mayor and City Council of Baltimore seeking to condemn real property. From an order denying a motion to strike an ex parte order wherein the City was vested with immediate possession and title to the property, Philip Segall et al., owners of certain of the properties, appeal.
Order affirmed; appellants to pay the costs; mandate to issue forthwith.
The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE and O'DONNELL, JJ.
Joseph S. Kaufman for appellants.
Richard K. Jacobsen, Assistant City Solicitor, with whom were Benjamin L. Brown, City Solicitor, Ambrose T. Hartman, Deputy City Solicitor, and T. Thornton Murray, Assistant City Solicitor, on the brief, for appellee.
Appellants, Philip Segall et al., here complain that a trial judge erred in refusing to set aside an order permitting the Mayor and City Council of Baltimore (the City) to enter into immediate possession of property sought to be condemned under the "quick take" provisions of Maryland Constitution, Art. III, § 40A. The basis of their claim is the requirement of Code of Public Local Laws of Baltimore City (1969) § 21-16(a) as amended by Chapter 420, Acts of 1972, that a petition for immediate possession state "the reasons therefor." They say the City failed to comply. The short answer to this contention is that the City's petition referred to an attached affidavit. That affidavit said "[t]hat all other property interests in the ten disposition lot areas aforesaid ha[d] been acquired, and demolition and sale of the entire site areas [could] not be completed until possession and title of the subject property interests [were] granted to the City." This complied with the statute. For this reason we have not addressed ourselves to the City's motion to dismiss the appeal.
Order affirmed; appellants to pay the costs; mandate to issue forthwith.