Schreiber v. Mayor of Baltimore

Per Curiam. This epilogue to Baltimore City v. Schreiber, 243 Md. 546 , 221 A. 2d 663 (1966), must be dismissed for want of a final order or judgment from which an appeal could be taken. ⁴²⁷ In the Schreiber case, decided July 21, 1966, we affirmed the judgment of the Superior Court of Baltimore City entered on the inquisition returned by a condemnation jury awarding the leasehold owner (and others hereinafter referred to collectively as owners) the sum of $22,950 for several properties to be taken by the city for an urban renewal proj ect. Without awaiting the mandate from this Court, the city solicitor notified the owners on July 25, 1966, that the closing of the taking would be held two days later. Responding, counsel for the owners advised the city solicitor that they expected to be paid interest on the condemnation judgment from the date of the judgment nisi to the date of payment.

At the closing, the city refused to pay interest and tendered only the amount of the judgment and the owners declined to accept the tender. Thereupon the city sought and was granted permission to pay into court the sum of $22,022.35 — being the amount of the condemnation award less adjustments for taxes and other charges —pending a decision of the court as to the payment of interest and the adjustments withheld. The lower court (Sodaro, J.) in a memorandum opinion, dated January 17, 1967, stating that the date of acquisition is fixed by the time when payment of the judgment and costs by the condemning authority is made and that the law does not require payment of interest prior to the taking, concluded that the property owners were not entitled to interest on the condemnation judgment from the date of the nisi thereon to the date of the