Legal Opinion

Fitzgerald v. Somerset County Sanitary Commission

Court of Appeals of Maryland

Decided April 3, 1963No. 267PublishedCited by 3 opinions

1Opinion of the CourtHammond, J.

The appellant, Ruby F. Fitzgerald, continuing her fight to prevent the Somerset County Sanitary Commission from acquiring an easement over and under her land for a sewer line, contends in this appeal that the trial court erred (1) in its order of publication in shortening the usual time for pleading initially to the petition for condemnation, and (2) in overruling her contention the statute proceeded under is unconstitutional because (a) it allows an award to be paid to the clerk (which, it is claimed, is not payment or tender to the property owner as Art. Ill, Sec. 40, of the Maryland…

2Cases cited10 opinions

  1. Leonardo v. Board of County CommissionersCourt of Appeals of Maryland · 1957
  2. Portneuf Irrigating Co. v. BudgeIdaho Supreme Court · 1909
  3. Culp v. Commissioners of ChestertownCourt of Appeals of Maryland · 1928
  4. Bastian v. Watkins, ClerkCourt of Appeals of Maryland · 1963
  5. Dahler v. Washington Suburban Sanitary CommissionCourt of Appeals of Maryland · 1919

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3Cited by3 opinions

  1. Beauchamp v. Somerset County Sanitary CommissionCourt of Appeals of Maryland · 1970
  2. Williams v. StateCourt of Appeals of Maryland · 2013
  3. Clinton Volunteer Fire Department, Inc. v. Board of County CommissionersCourt of Appeals of Maryland · 1970

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