High court upholds limits on orchard land condemnation case
Maryland Court of Appeals reverses Court of Special Appeals ruling in Toomey v. State Highway Administration. The owner’s 7.45 acre Thurmont area orchard was condemned for US 15 expansion, with disputes over fruit tree value and separate compensation. The high court finds no double trial, but notes failure to present a tree value theory.
MENTIONED IN THIS ARTICLE
Maryland
Thomas J. Toomey
Thurmont
State Highway Administrations
SHA
Toomey
Clater Smith
Samuel W. Barrick
Berrick
Delbert S. Null
J. Hunter Pugh Jr
Court of Appeals
Court of Special Appeals
Barrick
When is a fruit tree not a fruit tree in land value
The court rejected separate valuation of fruit trees and their crop as a separate enhancement to land value. After six years of litigation, the case clarifies that in this context fruit trees may be considered part of land value rather than distinct property. The decision highlights how trees can enhance property value in property disputes.
Walkersville rejects zoning text amendment
Walkersville town council on Wednesday night denied C Edwin Price a zoning text amendment to allow a lawn mower repair service in an accessory structure without rezoning to business district. The vote, by Burgess Orley R Bourland Jr, cited potential problems for the Board of Appeals. Price may still pursue rezoning his property from B-2 residential to B-1 commercial. The council also discussed a $1,000 donation request for Walkersville High School’s mascot costume and plans for a future sports facility.
MENTIONED IN THIS ARTICLE
Walkersville
C. Edwin Price
Price
Burgess Orley R. Bourland Jr
Board of Appeals
John ©. Poole III
Planning and Zoning Commission
Walkersville High School
Edward J. Kerns
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