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Newspaper
News
Location
Frederick, Maryland, United States of America
Date
Mar 15, 1949
Page
3
The Maryland court, citing Judge Chesnut, holds that property devoted to public use under legal obligation to maintain falls under condemnation immunity. The land is on a school campus, held for future needs with bona fide intent to use soon, and the park deed recital supports a buffer role near the school.
Associate Judge Stedman Prescott ruled Frederick may not condemn land held by the Board of Education for a street extension along Carroll Creek without specific legislative authority. The land is deemed already appropriated for public use, siding with the Frederick County School Board against the city’s condemnation efforts for Carroll Parkway into Watkins Acres.
The court notes it cannot decide the relative merits of conflicting users, a legislative function. The city may appeal, a bill to condemn land has been introduced, and court action may wait on the legislature's decision.
Frederick Chamber of Commerce board met in dinner session to discuss varied business matters. The group sponsors the Boston Opera Company presentation of Rigoletto at Frederick High School auditorium on March 24 for a one night performance. A Rural-Urban Committee recommends endorsing legislation to repeal the current tax.
Directors approved a resolution calling for repeal of the federal tax on inter state oleo sales while preventing the butter substitute from resembling dairy cream. The chamber endorsed a new Athletic Committee report and a plan to file a detailed resolution with the Mayor and Aldermen on McCurdy Field operations as a municipal playground. Details will be presented to City Fathers this week. The board praised the committee for its work and survey.
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