Bushey v. State Roads Commission

Prescott, J., delivered the opinion of the Court. The Circuit Court for Carroll County dismissed an appeal to that court by property owners from an award of the Board of Property Review (Board), on the ground that the appeal had not been taken within the statutory period of thirty days after the award. Code (1957), Article 89B, § 18; Volz v. State Roads Commission, 221 Md. 209, 214 , 156 A. 2d 671 . The appellant poses two questions: (1) “Did appellants’ verbal advices of objection to the award of the Board of Property Review to a member thereof and to appellee within 30 days, meet the statutory requirements so as to entitle them to have their lands condemned and valued in the proper court under the normal proceedings for eminent domain?”; and (2), Is the appellee precluded from denying appellants a condemnation suit by virtue “of the actions and inactions” of appellee and the Board, causing appellants to believe that action to assure an ordinary condemnation proceeding had been taken? ¹⁵⁶ The two questions may be considered together.

Appellants are the owners of property in Carroll County through which appellee desired to construct a highway. On June 22, 1961, appellee filed its plats or maps, and deposited with the clerk of court its check for the benefit of appellants in the amount of $4,610 for the land to be taken. Appellants did not agree with the figure of $4,610 as being the fair value of the property; whereupon the matter, in accordance with the statute, was referred to the Board. After hearing before said Board, an award of $6,500 was made by it, on August 16, 1961.

On September 5, 1961, Richard L. Schindel, Senior Right of Way Agent of the appellee, called upon appellants and informed them that appellee had accepted said award. They told Schindel they were dissatisfied with the award. Schindel then, according to appellants, told them to send a letter of objection to appellee’s Baltimore office, without specifying any time within which it should be sent. Schindel, on the other hand, testified that he informed the appellants that they had to appeal in writing within 30 days after the award; and C. Rogers Hall, Chairman of the Board of Property Review, testified that he informed the appellants of their right to appeal within 30 days of the award.

On September 22, 1961, more than 30 days after August 16, appellants addressed a letter to appellee’s Baltimore office stating they were dissatisfied with the award. On October 25, Schindel again called upon appellants and informed them their appeal had not been taken within the time prescribed by law. In March of 1962, appellants filed a “petition and order for appeal” in the Circuit Court for Carroll County, which, as noted above, was dismissed, and this appeal followed. This states all of the pertinent facts except appellants claim that John S. Bushey, one of the appellants, contacted a certain Mr. Brett, a member of the Board, and told him that he (Bushey) was