State Roads Commission v. Sharper

Marbury, J., delivered the opinion of the Court. The State Roads Commission brings this appeal from the judgment on an inquisition in a condemnation case in the Circuit Court for Prince George’s County, based on a contention that the trial judge abused his discretion in limiting appellant’s counsel in his cross-examination of appellees’ expert witness, a real estate appraiser. We are also faced with a motion to dismiss the appeal by appellees on grounds, among others, that the appellant’s brief and appendix do not contain sufficient facts upon which this Court can base its decision. The property sought to be condemned by the appellant for use in the construction of the capital beltway consisted of 8.59 acres in fee simple, and 0.04 acres of excess land in fee simple, together with certain rights-of-way and easements for drainage and snow fences.

It is part of a 28.35 acre tract owned by the appellees in the Oxon Hill District of Prince George’s County. This tract was improved by a two and one-half story brick home, plus a smaller brick house and numerous out-buildings. The property sought to be condemned was improved by a septic field used in connection with the brick home, a pump house, chicken house, barn and sheds. In addition, there was also an overhead irrigation system used in connection with the growing of cut flowers, the Sharpers being in the florist business.

The appellant had deposited in the court at the time of trial the sum of $81,500. At the trial, the inquisition returned by the jury was in the amount of $135,225 for the Sharpers, and $2,630.51 for the Washington Suburban Sanitary Commis ⁴¹³ sion. The award to the Sanitary Commission is not involved in this appeal. The appellees’ expert witness, William W. Molían, the real estate appraiser, after testifying on direct examination as to his opinion of the value of the subject