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petitions were filed. The term "petitioner" refers to Robert J.
Wilson.
During the years at issue, petitioners owned two adjacent
parcels of real property located at DeSellum Avenue and Route 355
in Gaithersburg, Maryland (DeSellum property). From 1980 through
the years at issue, petitioners used the DeSellum property as
rental property: one parcel contained a residential rental unit,
and the other parcel contained a building housing the dental
offices of petitioner.
On June 5, 1980, the Maryland State Roads Commission of the
Maryland State Highway Administration (the State) filed a "quick
take" condemnation petition in the circuit court for Montgomery
County, Maryland (circuit court), pursuant to sections 8-318
through 8-331 of the Transportation Article of the Annotated Code
of Maryland (Maryland Code). The condemnation petition
designated for taking 9,957 square feet of the DeSellum property
in fee simple and 2,325 square feet of the DeSellum property in
temporary easement. The property to be acquired in fee simple
consisted of a strip of unimproved land along the entire front of
the DeSellum property (approximately 344 feet); the strip abutted
Route 355 and ranged in width from approximately 28.36 feet to
50.59 feet. The property to be acquired under a temporary
easement consisted of a 6-foot wide strip of unimproved land
which ran along almost the entire front of the DeSellum property
between the strip being acquired in fee simple and the Dessellum
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