Lustine v. State Roads Commission

This is the second appeal by the property owners in a condemnation case wherein the State Roads Commission (Commission) is taking property for a controlled access arterial highway in Prince George’s County. The facts are accurately and adequately stated in the first appeal, Lustine v. State Roads Comm., 217 Md. 274, 142 A. 2d 566; so, we shall proceed immediately to a determination of the assignments of error presented by the appellants.

I

The appellants first contend that a motion to dismiss the petition for condemnation made by them should have been granted; because the original petition…