Legal Opinion

Boswell v. Prince George's County

Court of Appeals of Maryland

Decided January 16, 1975No. [No. 78, September Term, 1974.]PublishedCited by 9 opinions

1Opinion of the CourtSmith, J.

Landowners when faced with a proposed acquisition of their land for public improvements, whether by way of easement or in fee simple, have often suggested to the courts that they saw a better way to do the improvement than that proposed by the condemning authority. See, e.g., Director v. Oliver Beach Imp. Ass’n, 259 Md. 183, 269 A. 2d 615 (1970); State Roads Comm. v. Franklin, 201 Md. 549, 95 A. 2d 99 (1953); Johnson v. Gas & Electric Co., 187 Md. 454, 50 A. 2d 918 (1947); and Murphy v. State Roads Comm’n., 159 Md. 7, 149 A. 566 (1930). They have been uniformly unsuccessful in this Court. In…

2Cases cited14 opinions

  1. Benner v. TribbittCourt of Appeals of Maryland · 1948
  2. Bradshaw v. LankfordCourt of Appeals of Maryland · 1891
  3. Johnson v. Consolidated Gas, Electric Light & Power Co.Court of Appeals of Maryland · 1947
  4. Lustine v. State Roads CommissionCourt of Appeals of Maryland · 1958
  5. Masson v. ReindollarCourt of Appeals of Maryland · 1949

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3Cited by9 opinions

  1. Montgomery County v. REVERE NATIONAL CORP., INC.Court of Appeals of Maryland · 1996
  2. Levitsky v. Prince George's CountyCourt of Special Appeals of Maryland · 1982
  3. Green v. HIGH RIDGE ASS'N, INC.Court of Appeals of Maryland · 1997
  4. Bouton v. Potomac Edison Co.Court of Appeals of Maryland · 1978
  5. Mayor of Baltimore v. ChertkofCourt of Appeals of Maryland · 1982

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