Zepp v. State Roads Commission

Per Curiam. This is clearly an appeal which never should have been brought. In October 1964 a condemnation case was filed by the State Roads Commission in the Circuit Court for Carroll County at the request of the landowners to “quick-take” some 16 acres of land for highway purposes. The Commission deposited in court $22,350, which the owners withdrew.

In February 1966 the clerk of the Circuit Court put the case on the “Stet Docket” under a rule of the Circuit Court. In December 1967 the Commission, at the request of the owners, filed an amended petition for condemnation, seeking to condemn only some 10 acres of the property involved. On April 3, 1968, the owners, in response to the amended petition, filed this pleading: “The consent of the Defendants to the Petition for Leave to Amend heretofore filed by the Plaintiff on the 12th day of December, 1967, in this Honorable Court, repectfully shows unto your Honors: 1. That the amendment set forth in the Plaintiff’s Petition for Leave to Amend has been made at the request of the property owner, and as a result the property owner is agreeable thereto and joins with the Plaintiff in request ¹⁰⁸ ing this Honorable Court to grant the Leave to Amend prayed for in said Petition. 2.

It is