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J.P. Delphey Limited Partnership v. Mayor and City of Frederick, No. 41, Sept. Term, 2006. MUNICIPAL LAW - CONDEMNATION - OPEN MEETINGS ACT Petitioner, J.P. De lphey Lim ited Par tnership , sought review of the Co urt of Special App eals's judgment affirming the condemnation of Delphey's property by the City of Frederick and concluding that no ordinance specific to the property was required by Section 2 (b)(24) of Article 23A of the Maryland Code (1957, 2001 Repl. Vol.) in order for the City to acquire the property by condemnation. The Court of Appeals affirmed the Court of Special

Appeals's judgment and held that the Aldermen's vote to condemn the Del phe y property constituted a proper ex ercise of the authority vested in that legislative bo dy by Section 2 (b)(24) of the Article 23A and Section 173 of the City of Frederick Charter, and that no ordinance, or legislative act, specific to the property was required. The Court further determined that the Aldermen did not violate Section 10-508 (a)(3) of the Open Meetings Act, which provides an exception to the general prohibitions of Section 8 of Article 23A, when they voted to condemn the Delphey property in a closed session.

IN THE COURT OF APPEALS OF MARYLAND No. 41 September Term, 2006

J.P. DELPHEY LIMITED PART NERS HIP v. MAYOR AND CITY OF FREDERICK

Bell, C.J. Raker Wilner Cathell Harrell Battaglia Greene, JJ.

Opinion by Battaglia, J. Cathell and Harrell JJ., join in the judg men t only.

Filed: December 14, 2006

Petitioner, J.P. Delphey Limited Partnership, seeks relief from a judgment of the Court of S peci al Appeals affirm ing the co ndemna tion of th e De lphe y prop erty by the City of Frederick. We granted certiorari to consider the Petitioner's two questions, 393 Md. 477, 903 A.2d 41 6 (2006), to which w e have ad ded a third q uestion and renumb ered, in orde r to illuminate all of the issues raised in Delphey's petition, which include: 1. Whether, pursuant to Ann. Code MD Art. 23A

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Maryland Law