Shanfelter v. Mayor of Baltimore

Citations

• 80 Md. 483
• 27 L.R.A. 648
• 31 A. 439
• 1895 Md. LEXIS 19

Syllabus

<p>Delay in Condemnation Proceedings — Liability of Municipality— Proof of City Ordinances.</p> <p>The Court does not take judicial notice of municipal ordinances, and in a declaration relying on them, they should be more particularly referred to than by number and date.</p> <p>Ordinances of the city of Baltimore directed that a certain square should be acquired as a site for a new Court House. Plaintiff was the lessee of a hotel occupying part of the site, and all the interests in the square were purchased or condemned by the city, except the plaintiff’s. No condemnation proceedings had been instituted when plaintiff sued the city to recover damages alleged to have been caused to his business by the delay in acquiring his property. The delay complained of was from May 1, 1893, when a Building Committee was appointed by ordinance, to April 7, 1894, when the suit was instituted. The Building Committee had no power to condemn until after they had failed to agree upon a price with the land owners, and there was no allegation that they had acted in bad faith. Held, that the passage of the ordinances was not a commencement of condemnation proceedings, and that the plaintiff had no right of action against the municipality on account of the delay to institute such proceedings.</p>