State v. Rice

Walter P. Rice and Julia J. Rice, his wife, filed suit in the Circuit Court for Prince George’s County against the State of Maryland for trespass. They recovered a verdict of $17,500 which the State apparently considers to be excessive. The only issues before us, however, involve the construction of a statute waiving the State’s sovereign immunity and the proper measure of damages.

I Demurrer and Preliminary Motion

In their Declaration the Rices alleged:

“During the year 1972 and at present, the plaintiffs own in fee simple the improved real property described as Lot 2, Kidmore Park, Prince…