State Roads Commission v. Laurel Pines Country Club

McWilliams, J., delivered the opinion of the Court. On 5 July 1968 the appellant (Commission) filed a petition seeking the acquisition in fee simple of 0.60 acres of land of the appellee (Laurel) in connection with the improvement of Maryland Route 197 in Prince George’s County. The Commission deposited with the clerk of the circuit court $3,810 which it believed represented “the fair value of the property to be acquired.” Since an agreement “as to the fair value of the property” could not be reached the case was referred to the Board of Property Review for a determination. On 20 March 1969 the board awarded Laurel $8,801.

Attached to the award was a certification that on the same day copies thereof had been filed with the clerk of the circuit court and that “addi ⁶⁰⁷ tional copies * * * [had been] delivered or mailed to all parties in interest” including representatives of the Commission. The docket entry and the stamping on the copy show that it was not filed in the clerk’s office until 3 April. The Commission received its copy on 7 April. Nudged by the Commission, the board, as its chairman promised, issued a revised notice dated 14 April and filed it with the clerk’s office on the same day.

The only “revision” in the notice was the change in the date from 20 March to 14 April. The Commission filed the notice of dissatisfaction provided by Maryland Rule U27 g 1 on 9 May and on 27 May it filed the condemnation petition. On 4 June Laurel moved to dismiss the Commission’s notice of dissatisfaction. The docket entries indicate that Parker, J., heard argument on Laurel’s motion to dismiss and on the same day granted the motion.

The Commission has appealed from “the decision of the court on July 2, 1969’ The Commission submits rather odd arguments. If, it says, the award had been filed on the date of the certification, 20 March, and the copy thereof had not been received by the Commission