Legal Opinion

Norris v. Mayor of Baltimore

Court of Appeals of Maryland

Decided June 14, 1876PublishedCited by 34 opinions

Appeal from tlie Baltimore City Court. ' The appeal in this case was taken from an order of the Court below, of the 26th of February, 1816, dismissing the appellants’ petition for a mandamus. The facts of the ease are sufficiently disclosed in the opinion of this Court.

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Appeal from tlie Baltimore City Court. ' The appeal in this case was taken from an order of the Court below, of the 26th of February, 1816, dismissing the appellants’ petition for a mandamus. The facts of the ease are sufficiently disclosed in the opinion of this Court. In most cases the question arises as to when the property Is ‘‘ taken. ’ ’ Most of the judicial decisions heretofore have held that the property is not “taken” until it is actually used for the purpose for which it is condemned. That until then the title remains in the owners. But the Supreme Court of the United States, in…

1Opinion of the CourtMiller, J.

On the 18th of March, 1872, an Ordinance was passed hy the Mayor and City Council of Baltimore, providing for the condemnation and opening of Laurens street from Pennsylvania avenue to Madison avenue. The appellants were the owners of a vacant lot through which this improvement extended, hut the whole of it was not needed for the bed of the proposed street. In this state of case the owners surrendered the whole lot to the Commissioners for opening streets, and claimed compensation for the whole of it, as they had a right to do under the existing Ordinances of the City. Baltimore City Code of…

2Cases cited6 opinions

  1. Moale v. Mayor of BaltimoreCourt of Appeals of Maryland · 1853
  2. Baltimore and Susquehanna Railroad Co. v. NesbitSupreme Court of the United States · 1851
  3. State ex rel. McClellan v. GravesCourt of Appeals of Maryland · 1863
  4. Graff v. Mayor of BaltimoreCourt of Appeals of Maryland · 1857
  5. Tide Water Canal Co. v. ArcherCourt of Appeals of Maryland · 1839

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3Cited by34 opinions

  1. Smith v. Erie Rd. Co.Ohio Supreme Court · 1938
  2. Pumphrey v. Mayor of BaltimoreCourt of Appeals of Maryland · 1877
  3. Brack v. Mayor of BaltimoreCourt of Appeals of Maryland · 1915
  4. Lake Roland Elevated Railway Co. v. Mayor of BaltimoreCourt of Appeals of Maryland · 1893
  5. Winkelman v. City of ChicagoIllinois Supreme Court · 1904

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