Vallario v. State Roads Commission

Murphy, C. J., dissents and files a dissenting opinion at page 8 infra.

We shall here hold that in a "quick-take” under Maryland Code (1977) §§ 8-334 to -339, Transportation Article, a landowner is not precluded from an appeal by the fact that under § 8-337 he has withdrawn the funds originally paid into court and also those paid in after trial. This is true notwithstanding the fact that he seeks on appeal to contest the necessity for the condemnation. Accordingly, we shall reverse the judgment of the Court of Special Appeals in Vallario v. State Roads Comm’n, 46 Md. App. 111, 415 A.2d 661…