Moale v. Mayor of Baltimore
Court of Appeals of Maryland
Appeal from the Criminal Court of Baltimore city. By an ordinance of the 22nd of May 1851, the mayor and city council of Baltimore directed the opening of East Biddle street, in said city, from Cathedral to Charles streets.
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Appeal from the Criminal Court of Baltimore city. By an ordinance of the 22nd of May 1851, the mayor and city council of Baltimore directed the opening of East Biddle street, in said city, from Cathedral to Charles streets. The commissioners for opening streets proceeded to discharge the duties imposed upon them by this ordinance, and duly made return of their proceedings to the register of the city, and from their assessment of damages and benefits to him, William A. Moale, who was the owner of property on the line of the street proposed to be opened, appealed to the criminal court of…
1Opinion of the CourtLe Grand, C. J.
We deem it but necessary to briefly state the principles which we think should govern the decision of this and all similar cases.
• In the case of Alexander and other, vs. The Mayor and City Council of Baltimore, 5 Gill, 383, the principle was distinctly enunciated, that it is a portion of the inherent sovereignty of the State, to appropriate to a public use the' property of individuals when public necessity or utility requires it, upon securing to the party a just compensation' for any injury he may sustain.
This is hot an exercise of the taxing power, but an exer-" cise of the right of…
2Cases cited2 opinions
- Alexander v. Mayor of BaltimoreCourt of Appeals of Maryland · 1847
- Christie v. GoldsboroughCourt of Appeals of Maryland · 1774
3Cited by74 opinions
- City of Indianapolis v. KingsburyIndiana Supreme Court · 1884
- Buffalo Bayou, Brazos & Colorado Railroad v. FerrisTexas Supreme Court · 1863
- Goldman v. CrowtherCourt of Appeals of Maryland · 1925
- Steuart v. Mayor of BaltimoreCourt of Appeals of Maryland · 1855
- Congressional School of Aeronautics, Inc. v. State Roads CommissionCourt of Appeals of Maryland · 2001
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